Loading...
HomeMy Public PortalAbout2024_tcmin0109COUNCIL MEETING January 9, 2024 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Todd Cimino -Johnson, Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burk. Council Members Absent: None. 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 Utilities Amy Wyks, Director of Public Works and Capital Projects Renee LaFollette, Director of Community Development James David, Deputy Town Attorney Christine Newton, Utilities Deputy Director Brian Stone, Management and Budget Officer Cole Fazenbaker, Community Development Customer Service Center Manager Evan Harlow, Events and Outreach Manager for Parks and Recreation Linda Fountain, Transportation Engineer Niraja Chandrapu, Assistant Public Information Officer Leah Kosin, 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 Nacy. 3. SALUTE TO THE FLAG was led by Council Member Wilt. 4. ROLL CALL a. All Council Members present. 5. MINUTES a. Work Session Minutes of December 11, 2023 Council Member Cimino -Johnson was absent from the December 11, 2023, Work Session and abstained from voting. MOTION2024-001 On a motion by Council Member Nary, seconded by Council Member Bagdasarian, the December 11, 2023, Work Session minutes were moved for approval. The motion 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 abstain) b. Regular Session Minutes of December 12, 2023 Council Member Cimino -Johnson was absent from the December 12, 2023, Regular Session and abstained from voting. 1 I Page COUNCIL MEETING January 9, 2024 MOTION2024-002 On a motion by Council Member Nary, seconded by Council Member Bagdasarian, the December 12, 2023, Regular Session minutes were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 6-0-! (Cimino -Johnson abstain) 6. ADOPTING THE MEETING AGENDA MOTION2024-003 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the meeting agenda was moved for approval. The motion was approved by the following vote to approve the amended agenda: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nary, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. None. 9. PRESENTATIONS a. Tronhv Presentation for Best Float in the Holiday Parade Mayor Burk presented a certificate and trophy to the staff of the Old Mill Veterinary Hospital for having the best float in the Town's Holiday Parade. The hospital staff members made a few remarks. 10. REGIONAL COMMISSION REPORTS Mayor Burk reported she attended the Virginia Municipal League Executive Committee Meeting where they reviewed the Legislative Agenda. Mayor Burk also reported she attended the newly -elected officials training and did a presentation on the relationship between the Council, Mayor and Town Manager. 11. PETITIONERS The Petitioner's Section opened at 7:08 p.m. Audrey Carpenter. Spoke to Council in opposition of a proposed data center on the former Westpark Conference Center property on Clubhouse Drive SW. 2IPage COUNCIL MEETING January 9, 2024 The Petitioner's Section closed at 7:11 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2024-004 On a motion by Vice Mayor Steinberg, seconded by Council Member C consent agenda was proposed: a. Encroachment Agreement for Residential Deck Extension — 825 Sandpoint Court NE no -Johnson, the following RESOLUTION2024-001 Authorizing Encroachment Agreement for Residential Property Located at 825 Sandpoint Court NE b. Renewing of the Private Property Mural Program RESOLUTION2024-002 Renewing of the Private Property Mural Program through December 2024 c. Establishing a Business Assistance Team RESOLUTION2024-003 Establishing a Business Assistance Team d. Financial Assistance Program for Utility Customers RESOLUTION2024-004 Establishing the Framework for a Financial Assistance Program for Qualifying Town Utility (Water and Sanitary Sewer) Customers e. South King Street and Leesburg Bypass (Route?/15) Interchange Improvements RESOLUTION2024-005 Request by Loudoun County to include the South King Street — Route 7/15 Bypass Interchange Redesign as part of the Loudoun County Capital Improvement Project for the Route 7 Improvements — Route 9 to Dulles Greenway The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 31 Page COUNCIL MEETING January 9, 2024 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Appointment to the Commission on Public Art — Lubna Zahid MOTION2024-005 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the following was proposed: RESOLUTION2024-006 Appointing Lubna Zahid to the Commission on Public Art The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 14. PUBLIC HEARINGS a. Right-of-way License Agreement with FiberLight. LLC The public hearing opened at 7:13 p.m. Ms. Christine Newton presented Council with a Right-of-way License Agreement with Fiberlight, LLC. Ms. Newton reviewed the terms of the agreement and fees to be paid to the Town. Outside counsel Mr. Matt Ames was in attendance and discussed the need for non-discriminatory fees and why a previous Council adopted a 470 per linear foot fee to be used by all license holders. Council and staff discussed the agreement. Public Speakers: There were no public speakers wishing to address Council. The public hearing was closed at 7:25 p.m. MOTION2024-006 On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the following was proposed: I move to approve the proposed Resolution authorizing a License Agreement with FiberLight, LLC. RESOLUTION2024-007 Authorizing a License Agreement within the Town's Rights -of -Way h FiberLight, LLC for Telecommunications Facilities 4IPage COUNCIL MEETING January 9, 2024 The motion as approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Wilt abstain) b. Utility Rates and Town Code Amendments — Continued Public Hearing The public hearing opened at 7:26 p.m. Ms. Amy Wyks reviewed the proposed amendments to the Town Code Chapter 34.1 (Utilities), Article I (Water System) and II (Sewers and Sewage Disposal), and Section 34.1 of Appendix B -Fee Schedule regarding Water and Sewer Fees, Rates and Charges. Staff, along with rate consultant NextGen and financial advisors Davenport and Company and First Tryon, recommend a 10 -year forecast with a five-year rate increase of 4.1% in years 2025 through 2029. Council and staff discussed the proposed rates. Public Speakers: There were no public speakers wishing to address Council. The public hearing was closed at 7:34 p.m. Council Member Cummings was not in the room when the motion was made and vote taken. MOTION2024-007 On a motion by Vice Mayor Steinberg, seconded by Council Member Cimino -Johnson, the following was proposed: I move to approve the proposed Ordinance Amending Town Code Chapter 34.1 (Utilities), Article I (Water System) and II (Sewers and Sewage Disposal), and Section 34.1 of Appendix B -Fee Schedule regarding Water and Sewer Fees, Rates and Charges ORDINANCE 2024-0-001 Amending Town Code Chapter 341 (Utilities), Article I (Water System) and II (Sewers and Sewage Disposal), and Section 34.1 of Appendix B -Fee Schedule regarding Water and Sewer Fees, Rates and Charges The motion as approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Vice Mayor Stein berg and Mayor Burk Nay: Nary and Wilt Vote: 4-2-1 (Cummings absent) 51 Page COUNCIL MEETING January 9, 2024 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS a. None. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk thanked Council Members for their diligence and support for the Utility Rate changes. Mayor Burk thanked Council for supporting the Financial Assistance Program for the utility customers in need. Mayor Burk noted that she and Vice Mayor Steinberg would be participating in a mediation session on Wednesday between the County and the Town over the annexation of Compass Creek. Mayor Burk thanked Council Member Cummings for assisting her with updating members of the Board of Supervisors on the annexation progress. Mayor Burk also thanked Council Members for their individual outreach to various members of the Board of Supervisors. Mayor Burk stated she would be attending the Board of Supervisors meeting on Wednesday to express the Council's opposition to the proposed Village of Clear Springs subdivision primarily due to its proximity to the Leesburg Executive Airport and flight path. Mayor Burk noted the upcoming ribbon cuttings on Friday at the newly -reopened Leesburg Diner and HOTWORX which is a new workout facility. 19. TOWN MANAGER COMMENTS a. None. 20. ADJOURNMENT On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the meeting was adjourned at 7:38 p.m. Ke Bur ayor Town of Leesburg ATTEST: ?Clerk of 2024 cemin0109 61 Page January 9, 2024 - 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 January 911, 2020 Town Council meeting. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy will be giving the invocation, followed by the salute to the flag by Council Member Wilt. Council Member Nacy. Council Member Kari Nacy: Thank you. God, we thank you for the gifts, talents, and skills which you have blessed with each of us and in our Town of Leesburg. We thank you for the experiences that have brought us to this moment, and we thank you for the work of others that gives breadth and depth to our own work. Be with us as we move forward in this new year. Amen. Mayor Burk: We stand. All: ...United States of America and to the Republic [inaudible] indivisible, with liberty and justice for all. Mayor Burk: All right. Let the record reflect that all Members of Council are present, right? Yes, everybody's here. We have a couple of Work Session minutes from December 11th. Do I have a motion to accept the Work Session minutes? Council Member Nacy: So moved. Mayor Burk: Council Member Nacy. Second? Council Member Ara Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. All in favor? Members: Aye. Mayor Burk: Opposed and abstain. Okay. That's 6-0-1. Correct, Eileen? Okay. Regular Session minutes of December 12th. So moved by Ms. Nacy. Second? Council Member Bagdasarian: Second. Mayor Burk: By Council Member Bagdasarian. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Abstain. Thank you. Do I have a motion to adopt the meeting agenda? Council Member Nacy: So moved. Mayor Burk: My goodness, you're busy tonight. [laughs] Second? Council Member Bagdasarian: Second. Mayor Burk: [laughs] Council Member Bagdasarian. Are there any amendments or deletions? All right. All in favor, indicate by saying aye. Members: Aye. Page 1lJanuary 9, 2024 Mayor Burk: Opposed? That passes 7-0. We do have a presentation tonight. This is the presentation for the Best Float in the Holiday Parade. I will take it down to present it to the Old Mill Veterinary Hospital. [pause] Well, hello. It is wonderful to see you all again. I hope that-- If you want to turn around, the cameras are up over there for the audience to see, but we most certainly are very excited. It was very exciting to see your float. It was fabulous. I used to have a cat that used to go to your veterinary service place there at the hospital and was boarded there. I can remember coming in at various holidays, especially Halloween. That was quite exciting. There's a lot of feedback on this. I know that you love decorating. [laughs] Old Mill Veterinary Hospital Staff: Yes. [unintelligible] Mayor Burk: This is really wonderful that we have the opportunity to give this to you tonight. Would you like to just say a few words about why you decided you wanted to be participating in the parade this year? Old Mill Veterinary Hospital Staff: Sure. Personally, I was out of Town. The mastermind behind everything was Asia, and the creative was Katie. She was the Grinch. I just let them have fun. That's what I did. Mayor Burk: That's great. It obviously pays off. Ladies, would you like to say anything about your float and what it was, for the people that didn't get the chance to see it? Old Mill Veterinary Hospital Staff: Yes. Our theme for the float was the Grinch. I think we chose it, I think working in veterinary medicine, we all - Old Mill Veterinary Hospital Staff: Prefer our dogs. Old Mill Veterinary Hospital Staff: -prefer our dogs, just like the Grinch. It's a heartwarming tale to all of us, because we all relate to it. Mayor Burk: Heartwarming for me too. Old Mill Veterinary Hospital Staff: For us, yes. [laughs] Mayor Burk: Mr. Merkel here, we have the trophy. You will notice you're the latest entry onto the plaque. We will display this very proudly, and maybe you'll come back next year and do it again. We don't have any repeats, do we? No, we don't have any repeats. Old Mill Veterinary Hospital Staff: Next year you will. Mayor Burk: Okay. Can we get a picture? Would one of you like to hold it besides me? Old Mill Veterinary Hospital Staff: Sure. Thank you. [background conversation] Old Mill Veterinary Hospital Staff: Thank you. Hold it. There you go. Mayor Burk: There you go. Old Mill Veterinary Hospital Staff: Thank you very much. Mayor Burk: No, you can't take it with you. Old Mill Veterinary Hospital Staff: Oh, I know. Page 2IJanuary 9, 2024 Mayor Burk: Thank you very much for coming. Old Mill Veterinary Hospital Staff: Appreciate it. Thank you. Mayor Burk: It was great to see you again. Thank you all. [laughs] [pause] Mayor Burk: The only thing I have is that I did have a VML executive meeting, and we went over the legislative agenda. Last week I attended the newly elected officials training and did a presentation on the relationship between the Council, the Mayor, and the Town Manager. I didn't give out any major secrets, but it was okay. Now, it was very exciting to meet all these people that just had been elected and to see their enthusiasm and excitement again. That was really cool. The next thing we have is our petitioner section. One of the first orders of business is to hear from the public. All members of the public are welcome to address the Council on any item, matter or issue. Please identify yourself, and if comfortable doing so, give your address for the taped record. Any public speakers 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 would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the time limit applies to alt We have one person that has signed up to speak, and that is Ms. Carpenter. There you are. We can hear you. Audrey Carpenter: A -U -D -R -E -Y, Carpenter, C -A -R -P -E -N -T -E -R. Mayor Burk: Thank you. Audrey Carpenter: Thank you. I'm just going to read my remarks tonight. Good evening, Mayor Burk, Vice Mayor Steinberg, and Council. I come here tonight as a private citizen. Last week, I learned that Chuck Khun has submitted a plan to the Town to build a data center at Westpark Conference Center on Clubhouse Drive Southwest. I do not feel a data center is compatible with a residential community 615 feet away, and the former golf course that is in the process of being developed into a park directly adjacent to the parcel of land the data center would sit on. For this reason, I ask that the Council rejects Chuck Khun's development plans if and when it comes up for a vote. On January 25th, '23, Kuhn and his development team met with residents who live in neighborhoods surrounding Westpark. At that meeting, drawings were shown, and the development team presented its proposal to build a flex industrial building, and said the concept it was going for would be similar to Leesburg Tech Park on Sycolin Road. No data center was mentioned at that meeting either in the presentation or during the question and answer session afterward between the residents and the development team. Neither the development team nor Kuhn, who was present at that meeting, said the parcel could potentially be used for purposes other than a fiex industrial building or that they were even considering that. However, three months after the January community meeting on April 141h, 2023, Kuhn's team submitted plans to the Town to use the parcel as a data center during a second round of submissions. Am I at the one minute mark? Okay. Ryan Gutter from KLNB is part of Kuhn's Westpark Tech Development Team and has a brochure used for marketing purposes to attract potential tenants for Westpark Tech, but there is no mention of a data center in that brochure. Transparency is paramount when you need buy -in from stakeholders. Transparency, in my opinion, was not used in the communication from Chuck Kuhn and his team to the surrounding neighborhoods. For that reason, as well as environmental impacts, incompatible use, and the fact that we would have to live permanently with a data center in our neighborhood forever, I ask you to take my comments into consideration as part of your future decision -making. Thank you. Mayor Burk: Thank you, Ms. Carpenter. Is there anybody else in the audience that would like to speak that didn't sign up? Seeing nobody, I will close the petitioner section. That takes us to the Page 3IJanuary 9, 2024 approval of the Consent Agenda. We have the first one, 12a, is Encroachment Agreement for Residential Deck Extension, 825 Sandpoint Court Northeast. We have Renewal of the Private Property Mural Program. We've got Establishing a Business Assistance Team. D is a Financial Assistance Program for Utility Customers, and South King Street and Leesburg Bypass Interchange Improvements. Is there a motion to accept the consent agenda? Vice Mayor Neil Steinberg: So moved. Mayor Burk: Vice Mayor, seconded by Council Member Cimino -Johnson. I wasn't sure if it was you or him, so Cimino -Johnson. Is there any item that anybody wishes to have removed? All in favor of the Consent Agenda, indicate by saying aye. Members: Aye. Mayor Burk: No. Passes 7-0. We then have the resolution on Appointment to the Commission on Public Art by Lubna Zahid, and this is to the Commission on Public Art. Is there a motion? Okay, Council Member Nacy. Seconded by Council Member Bagdasarian. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed. That passes 7-0. Next we have our public hearing. I won't get to it. It's up on top. Our first public hearing for tonight, it's the Right-of-way license agreement with FiberLight LLC. I will call to order this January 9th, 2024 public hearing of the Leesburg Town Council. Unless there is an objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway outside of Council Chambers, but if you did not get the opportunity to sign up will give you an opportunity to speak. In the interest of fairness we also ask that you observe a five minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating you have one minute remaining. At that time we would appreciate your summing up and yielding the floor When the bell indicates your time is expired under the rules of orders adopted by this Council the five minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask the speakers when they sign up to indicate their status as spokesperson, the group they represent and the request for additional time. Our procedure for the public hearing is as follows. First, there is a brief presentation by staff about the item before us. Second, members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda tonight is the Right-of-way License Agreement with FiberLight LLC. Hello. Christine Newton: Good evening, Madam Mayor, Members of the Council. I'm Christine Newton, the Deputy Town Attorney, and I have our Transportation Engineer with us if we have questions. We are here to talk about this Right-of-way License Agreement with FiberLight LLC. They are a telecom provider newly to the area. Also have locations in Texas, but expanding in the DC area. They are looking at a route from Ashburn through Leesburg, and they're going up Sycolin Road, and then up 15 past the Bypass and over to Fort Evans. Town requires a license agreement to permit any outside entity to install, operate, or maintain telecom facilities within our Right-of-way and in accordance with the State Code, we need a public hearing prior to granting a license agreement. The proposed term of this license agreement is for five years. That's the same as most of these. All of the pass through agreements that we do are five year agreements. A license agreement is going to protect the Town's interest by requiring safe practices. Security in the form of a bond, insurance and indemnification by FiberLight. FiberLight is still required to obtain Right-of-way permits after they submit engineering plans that are acceptable to and approved by the Department of Public Works. There will be compensation to the Town for the use of the Right-of-way. They're considered a pass through provider, because they don't currently have any voice access lines within the Town. As a pass through provider they are subject to Page 4lJanuary 9, 2024 the Town Codes fee, which is a linear foot fee of 47¢ per linear foot that's in Town Code section 30- 138 and they will pay. The information I've got on the slide here is based on estimated linear footage. Their latest plans show a little bit more linear footage than we base this on, so closer to 15,000 linear fees. It will be closer to $7,000 a year approximately. FiberLight is responsible also for the one-time $5,000 communications Right-of-way license review and inspection fee, and for the permit fees for those Right-of-way permits. This is just to remind you that if at some point during the term of the agreement FiberLight begins to provide voice access lines to customers within the Town, then we default to the State Code mandated public Rights -of -way use fee instead of our own linear footage fee. That is a State Code requirement and we've set it up in the agreement so that conversion wouldn't happen until the next anniversary of the agreement. FiberLight is also providing us a voluntary in -kind contribution. This is a little different than the one we normally get. Often we may receive dark fiber from the provider. In this case, because the route goes between Town Right-of-way and VDOT Right- of-way, they cant give us ownership of fiber the entire way. What they're doing is providing us with a right to use four dedicated fibers for a period of 20 years. That right will be in a separate right of use agreement, which we've already negotiated, and we have the form approved. Then the IT department and our traffic engineers have confirmed that that amount of fiber meets their needs. We have with us outside counsel tonight in case y'all have any questions, because these telecom agreements are specialized area of law, particularly this right of use agreement. We got assistance from our outside counsel, Matt Ames, in preparing that and negotiating that right of use agreement. He's present if you all have any questions about any portion of the license agreement, and if not, I have motions for you. Mayor Burk: Okay, thank you. Does anyone have questions at this point? Yes, sir. Vice Mayor Steinberg: I'm just curious as to what the fiber's actually for. You said not voice communications. What is the purpose of the fiber? Christine Newton: Oh, it may very well be voice communications. Its just that they do not have any access lines within the Town. They are not currently serving voice customers in the Town. Vice Mayor Steinberg: Okay. Thanks Mayor Burk: Mr, Wilt. Council Member Patrick Wilt: Thanks. How is the fiber installed along that route? How will it be installed? Christine Newton: Do you want to talk about that? Installation? Niraja Chandrapu: Installation? Mayor Burk: You need to come to the mic. [laughs] Niraja Chandrapu: The installation of the fiber. How it is done? Mayor Burk: Yes. Niraja Chandrapu: Is the question Council Member Wilt: Right? Is it above ground? Is it on? Niraja Chandrapu: It's on the ground? Council Member Wilt: It's below. Page 5 January 9, 2024 Niraja Chandrapu: Yes. Council Member Wilt: The FiberLight does the installation? Niraja Chandrapu: Yes. Christine Newton: Correct. Council Member Wilt: Do they have to do any tearing up of the ground? How do they install it? Niraja Chandrapu: Basically, our inspectors will be there to inspect how they're doing, whether they're meeting all the requirements, and how far they are from these sewage lines, water lines, and everything. That is something that we would review in a Right-of-way permit, which are still under review. Council Member Wilt: Okay. Is it under sidewalks, under roadways? Is there disruption to our traffic? How? Niraja Chandrapu: Yes, there will be a disruption when they are doing it Sometimes, if there is more traffic, we tend to make them do it overnight when traffic is less. During the daytime, when there is no commuter traffic, we will put up the timings in such a way that it does not disrupt the commuter traffic. Council Member Wilt: How much does all of this cost the Town, including the attorney's fees we've just incurred? We'll have to do some work with inspectors. We have to maybe do traffic diversion or timing change. How much does this cost the Town to make this happen? Niraja Chandrapu: Usually, it is already our inspectors. We have who takes care of this on a daily basis. This is something that it's already been included. It's already taken care in that $5,000 that they're paying a one-time fee for processing. Council Member Wilt: The staff cost We're getting $5,000 for this. Niraja Chandrapu: It's a one-time, yes. Council Member Wilt: Right. Christine Newton: Then we're also getting the annual fee. Council Member Wilt: The annual fee. We already have staff who's going to do it, but how much does it cost us one lime? Niraja Chandrapu: That is something I have not. Christine Newton: I don't have a number for this particular agreement, so Council has previously adopted the fee for the one-time application fee of $5,000, and that -- Council Member Wilt: Do we know how many man-hours, person -hours of work we're going to allocate to this? Niraja Chandrapu: I don't have that information. Christine Newton: We don't calculate that on a per -project basis. Kaj Dentler: Mr. Wilt, there's no adding of staff for this. Council Member Wilt: Yes, I understand. Page 6IJanuary 9, 2024 Kaj Dentler: I don't know that we've quantified the man hours. I think primarily, its mostly the inspectors on the ground, because the developer has a contractor who's putting in the work. Now, obviously, we have legal cost. Council Member Wilt: Well, I know we never add staff for any project necessarily, but we have developers pay fees that cover our costs. We don't know how many man hours we're going to expand the project Kaj Dentler: Only the fees that the attorney has described. Council Member Wilt: No, that's right. Does that cover our costs? Kaj Dentler: It's not quantified to that extent. My understanding over this over the years, it's very minimal of what we can charge, I think legally. Our costs primarily are outside legal fees as well as our man hours, which are mostly inspectors, but there's minimal- but it's not quantified. I can't answer that for you. We could try to get back to you on that, but can't answer that tonight. Council Member Wilt: Thank you. Matt Ames: If I could Town Manager, Mr. Wit, I can give a little more context on that, might help. The Town's authorities limited in terms of the fees that it can charge by Federal and to a certain extent by State law. The difficulty for the Town is that the fees have to be non-discriminatory. It's not as if the Town can calculate the cost for this provider and assess a set fee for this provider. That's why the Town adopted the 470 per foot fee some years ago as an attempt to apply a standard fee across the board. That's what makes it non-discriminatory. If the Town were to try to assess the actual cost on each provider, then we run into legal questions about whether it's non-discriminatory or not. I just want to give that background in terms of the basis of the fee. Council Member Wilt: Someone made an estimate some time ago that 470 per linear foot would cover the expenses that we incur to conduct this project. Matt Ames: I think that was the intent. Council Member Wilt: A project of this nature. Matt Ames: That would've been the intent. Council Member Wilt: All right. Thank you. Mayor Burk: I just have one quick question. You say the proposed license agreement will run for a term of five years. What happens after the five years? Christine Newton: They will need another license agreement if they want to stay in the current location and if they want to expand or do anything in between, they need to come back for an amendment to the existing license agreement. Mayor Burk: Great. Thank you. Is there a motion that anybody would like to make at this point? Oh, I got to ask. That's right. I'm in the public hearing. Sorry. Is there anybody in the public that would like to speak to this that didn't sign up? There's nobody signed up. Is there anybody that would like to speak to this? Nobody. Okay. Then I will close the public hearing and now we can have a motion. Vice Mayor Steinberg: 1'11 make a motion. Mayor Burk: Mr. Cummings. Vice Mayor Steinberg: All right, Mr. Cummings. Never mind. Council Member Zach Cummings: Thank you, Mayor. I move to approve the resolution authorizing a license agreement with FiberLight LLC. Page 7IJanuary 9, 2024 Mayor Burk: Is there a second? Council Member Cummings, Vice Mayor Steinberg. All in favor? Members: Aye. Mayor Burk: Opposed. Okay. Council Member Wilt: Abstain. Mayor Burk: Abstain. Okay. I'm sorry. 6-0-1. Okay. Thank you appreciate the information. Public hearing number two is the Utility Rates and Town Code Amendment. I call to order this January gth, 2024, Public Hearing of the Leesburg Town Council, which is a continuation of the public hearing open November 28'h, 2023. 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 in the sheet of the hallway outside of Council Chambers, but if you did not get the opportunity to sign up, we will give you the opportunity to speak. In the interest of fairness, we also ask that you observe the three minute time limit. The green light in front of you will turn yellow at the end of two minutes, indicating you have one minute remaining. At that time, we would appreciate you summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five minute time limit applies to all citizens. However, rather than having numerous citizens present remarks on behalf of the group, a Council will allow a spokesperson for the group a few extra minutes. In this instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and then request for additional time. Our procedure for the public hearing is as follow. First, there is a brief presentation by staff about the item before us. Second, members of the public that have signed up to speak will be called and given three minutes to make their comments. The public hearing on the item for the agenda tonight is the Continuation of the Utility Rates and Town Code Amendments. Who is presenting this? Ms. Wyks. Amy Wyks: Good evening, Madam Mayor, Vice Mayor, Members of Council. My name is Amy mks, Director of Utilities, and I'm here to give the presentation for the public hearing related to the Utility Rate Study with Town Code Amendments to Chapter 34.1, Articles 1 and 2, as well as Section 34.1, and Appendix B. Tonight, we're asking Town Council to approve the Town Code amendments to the chapter that I just spoke of. The Utilities Fund Overview is, just as a reminder, the utility system, we are an enterprise fund. We're funded solely through our availability and user fees. We must be self- supporting. We cannot be running a deficit. We should be operated as a business, and no general fund taxes are used for our operations. Fiscal year 2024 is the fifth and final year of the Council adopted five-year rate plan. NewGen, our rate consultant who is here tonight, as well as the financial advisor for the Town of Davenport, as well as First Tryon also. They've recommended a 10 -year forecast with five-year rate adjustments that run from 2025 through 2029. The focus of the utility rate study was to make certain that we continue to provide our high -quality of service. We want to ensure system reliability, safety, and security. We are a 365 -day, 24 -hour, seven -day -a - week operation. We have existing systems and assets to maintain, as well as completing capital projects and asset replacement. We want to ensure compliance with Federal and State environmental regulations and make certain to have a sustainable long-term financial plan. As I've stated, the utility rate study has been completed by NewGen. They've modeled a comprehensive water and sewer cost of services for the fiscal years. They put together a 10 -year forecast. After the analysis of the forecast, we concluded that the revenue collected at the current rate today would be insufficient and wouldn't meet the two fiscal targets that well talk about. Our initial models projected a double-digit increase. In order to have less than the double-digit, we arrived at a 4.1% recommended rate increase over the five years. We adjusted our Capital Improvement Program, deferred some projects, using approximately $16 million of cash on hand, which results in less borrowing also. Page 81January 9, 2024 Again, NewGen has created a 10 -year rate plan with five-year rate adjustments to meet the financial targets. Just a little bit of brief history. Talked about a little bit last night. There was no rate increase for 10 plus years, 1995 to 2006. Then rate increases for the last 10 years based on the sustainability plan. We were at three years for seven and a half, two years at seven, then the last five years have been four and a half percent. Our recommended average rate increase for the next five is 4.1. Drivers for the utility rate increases. From an operations perspective, we definitely, coming out of COVID, have been impacted with inflation, electricity, chemicals, supply chain delays, as well as staffing costs. From a capital project perspective, we do have two big projects that are proposed at the Wastewater Treatment facilities. One's related to nutrient TMDL removal, as well as additional solids processing capacity. What's becoming known as the forever chemicals, we are awaiting that from EPA to understand the PFAS requirements. The two fiscal sustainability targets that we've been talking about that support the Town to have the AAA -rated community from the bonding agencies is cash on hand. The target is 270 days of cash on hand for operating. Debt service coverage is 1.5 times the revenue available for debt service. This is a brief graphic that shows the quarterly bills for our median customer using 12,000 gallons and a 5/8 inch meter. This is a residential in -Town customer. Over the course of the five years, it would be approximately $10 to $12 with 14 in the final year per quarter. Just looking at how we compare to our local jurisdictions in Loudoun County, we continue to be middle of the pack related to our rates from 2024 as well as in 2025. One additional fee that were proposing is availability fees. We are proposing with the sewer projects that we have on the horizon of increasing the sanitary sewer availability fees over the five-year period. We also have batch -type text amendments, as well as other fees within Appendix B that are proposed. With that, tonight, we're asking the Town Council to approve the Town Code amendments for Chapter 34.1, as well as Appendix B. With that, here's a motion, and if you have any questions. Mayor Burk: Thank you. Does anybody have any questions at this point? Yes. Council Member Cimino -Johnson. Council Member Todd Cimino -Johnson: Thank you, Madam Mayor. Thank you, Amy, for your presentation tonight. And the past four presentations. My first question is, and I don't know if I've asked this, the PFAS that's corning up in the future. Are we doing anything-- Because that's coming from the Federal government, right? Amy Wyks: Correct. The EPA. Council Member Cimino -Johnson: I'm sorry? Amy Wyks: From the EPA, Environmental Protection Agency. Council Member Cimino -Johnson: Are we doing anything to reach out to see if- okay, you're going to mandate this, that's fine, but is there any money coming with it? Amy Wyks: Not at this time that were aware of. Council Member Cimino -Johnson: Okay, but we will. Amy Wyks: They're putting together the regulations. We don't know what will come other than what the regulation levels will be set for PFAS. Council Member Cimino -Johnson: Okay. Is there ever money tied with that? Amy Wyks: Not at this time, no. It will be a regulation. Page 91January 9, 2024 Council Member Cimino -Johnson: Okay. My other thing is just a comment. Thank you and your team for meeting with me multiple times and for taking all of my questions that I sent. I know I sent multiple sets of questions. I know this isn't something that's very easy to vote on, 4.1%, but unfortunately, the way I see it now, is that's something we have to do. Thank you so much. I appreciate all the feedback that I got from you guys, and thank you. Mayor Burk: Anyone else at this point? All right. Thank you. Is there anybody in the public that would like to speak? No one has signed up, but is there anybody in the audience that would like to speak at this point? Seeing no one, I will then close the public hearing and ask for a motion. Vice Mayor Steinberg: I'll make a motion, Madam Mayor. Mayor Burk: All right. Vice Mayor Steinberg: I move to approve the proposed Ordinance Amending Town Code Chapter 34.1, Utilities, Articles 1, Water System, 2, Sewers and Sewage Disposal in Section 34.1 of Appendix B, Fee Schedule regarding water and sewer fees, rates, and charges. Mayor Burk: There a second? Council Member Cimino -Johnson: Second. Mayor Burk: Council Member Cimino Johnson. All in favor, indicate by saying-- Do we have Mr. -- What's his name? Mr. Cummings. Sorry. He took his phone. I don't know. Well, I'll call the vote since he's not here. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Members: Nay. Mayor Burk: Okay. That is 4-2-0-1. Correct, Eileen? 4-2-0-1. Four in favor, two against, nobody abstaining, and one not here. No one abstained. Eileen Boeing: [inaudible] Mayor Burk: Right. Okay, 4-2-1. That's why I asked you. [laughs] Thank you, because I had 4-2-0-1. Thank you. All right. That takes us now to our future Council meeting agenda. Does anybody have anything for future Council meetings? Nobody down this end? Anybody down this end? We're at future Council meeting. Any disclosures? Council Member Cimino -Johnson: No, I'm good. Mayor Burk: Okay. All right. I would like to thank my fellow Council Members for There are diligence and support for the Utility Rate changes. Clean water is one of the most important services that we provide, and I am proud that this Council made the hard decision to move forward with the rate changes. I also thank you for supporting the Financial Assistance Program for the utility customers in need. This new program will be an important tool for those that will need it. Thanks everyone on Council for all of their hard work. Tomorrow, the Vice Mayor and I will be participating in a mediation between the County and the Town over the annexation of Compass Creek. Maybe this will end a very long, expensive saga of the Town's request to annex this property at Compass Creek. If we are not able to come to an agreement, it will proceed on to the Commission on Local Government. I want to thank Council Member Cummings for assisting me in the meetings with members of the Board of Supervisors to update them on the progress we've made, and we will see where it all goes tomorrow. Each of your outreach to your fellow Supervisors has been very helpful, and I want to thank this Council for working so hard. Page 10[January 9, 2024 Tomorrow, I will be speaking at the Board of Supervisors meeting, voicing the Council's objections to the Village of Clear Springs. This development is a huge development that will be located right under the Airport runway, the Leesburg Executive Airport Runway. The residents of this development will be impacted by the Leesburg Airport's 90,000 annual takeoff and landings. This is a terrible location for the residential development. This Council has taken a previous position and opposition to it, and I will be expressing our opposition at the meeting tomorrow. On Friday, I will be welcoming the Leesburg Diner to the Town. It's been here for a while. It was bought by new people and they are having their ribbon cutting at 10 o'clock on Friday. Also, welcoming HOTWORX, which is a workout facility on Friday at 11:15. If you are in the area, please stop by at 10:00 at the Leesburg Diner and 11:15 at HOTWORX. Both of these new businesses have lots to offer. Town Manager, do you have anything to report? Kaj Dentler: No comments. Mayor Burk: Does anybody have a motion to adjourn? Vice Mayor Steinberg: So moved. Mayor Burk: Second? Council Member Bagdasarian: Second. Mayor Burk: All in favor? Members: Aye. Mayor Burk: Oppose. Thank you all very much for all of your hard work. Page 111January 9, 2024