HomeMy Public PortalAbout2024_tcmin0227COUNCIL MEETING February 27, 2024
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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 Public Works and Capital Projects Renee LaFollette, Director of Parks and
Recreation Rich Williams, Director of Utilities Amy Wyks, Assistant Town Manager Kate
Trask, Director of Economic Development Russell Seymour, Director of Community
Development James David, Deputy Director of Community Development Brian Boucher,
Deputy Director of Utilities Brian Stone, Deputy Director of Finance and Administrative
Services Lisa Haley, Community Development Land. Use Manager Rich Klusek,
Management and Budget Officer Cole Fazenbaker, Deputy Management and Budget
Officer Tamara Keesecker, Management and Budget Analyst Liz Weaver and Clerk of
Council Eileen Boeing
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Bagdasarian.
3. SALUTE TO THE FLAG was led by Council Member Cimino -Johnson.
4. ROLL CALL
a. All Council Members present.
5. MINUTES
a. Work Session Minutes of February 12, 2024
Council Member Bagdasarian was absent from the February 12, 2024, Work
Session and abstained from voting.
MOTION2024-025
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the
February 12, 2024, Work Session minutes were moved for approval.
The motion was approved by the following vote:
Aye: Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian abstain)
b. Regular Session Minutes of February 13.2024
Council Member Bagdasarian was absent from the February 13, 2024,
Regular Session and abstained from voting.
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COUNCIL MEETING February 27, 2024
MOTION2024-026
On a motion by Council Member Nacy, seconded by Council Member Cimino
Johnson, the February 13, 2024, Regular Session minutes were moved for approval.
The motion was approved by the following vote:
Aye: Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
6. ADOPTING THE MEETING AGENDA
MOTION2024-027
On a motion by Council Member Nacy, seconded by Council Member Cummings, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor
Burk
Nay: None
Vote: 7-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. Black History Month
MOTION2024-028
On a motion by Vice Mayor Steinberg, seconded by Council Member Cimino -Johnson,
the following was proposed::
I move to approve the Proclamation for Black History Month to be proclaimed at the
February 2Z 2024, Town Council Meeting.
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
Mayor Burk presented the proclamation for Black History Month to Ms. Tammy
Carter who made a few remarks.
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COUNCIL MEETING February 27, 2024
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b. In Memory of James Elmore Clem
MOTION2024-029
On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the
following was proposed::
I move to approve the Proclamation In Memory of James Elmore Clem to be proclaimed
at the February 2Z 2024, Town Council Meeting.
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
Mayor Burk presented the proclamation to former Mayor Clem's daughter Stacy
Skinner and her husband Doug. Mr. Skinner remarked that a Celebration of Life is
scheduled for 1:00 p.m. on April 14 at the Leesburg Fire Station, Number 1.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
Mayor Burk reported on the recent meeting of the Coalition of Loudoun Towns
(COLT) where they discussed the recent General Assembly legislation affecting towns.
11. PETITIONERS
The Petitioner's Section opened at 7:10 p.m.
There were no Petitioners wishing to address Council.
The Petitioner's Section closed at 7:11 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2024-030
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent
agenda was proposed::
a. Amending the Calendar Year2024 Town Council Meeting Schedule
RESOLUTION2023-161 (AMENDED)
Setting the Calendar Year 2024 Town Council Meeting Schedule and Authority to
Reset the Day or Days to which a Regular Meeting shall be Continued in the Event of
Inclement Weather
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b. Award of Contracts — Sound and Stage Services for Select Town Events
RESOLUTION2024-027
Award of Contract(s) for Sound and Stage Services to Applied Acoustical Sciences, Inc.
(d/b/a Event Tech) and Soundview Services Inc.
c. Annual Landscape Maintenance Services Contract Award
RESOLUTION2024-028
Awarding the Annual Landscape Maintenance Services Contract to Loudoun Contracting
Group, LLC of Ashburn, Virginia in the amount of $56,728.72
d. Right-of-way and Easement Acquisition for Veterans Park at Balls Bluf'Project
RESOLUTION2024-029
Authorizing an Offer to Acquire Right-of-way Dedications and Easements for the Veterans
Park at Balls Bluff Project
e. Right-of-way and Easement Acquisition for the Downtown Streetlights Phase. II Project
RESOLUTION2024-030
Authorizing an Offer to Acquire Permanent and Temporary Easements for the Downtown
Streetlights Phase II Project
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and
Mayor Burk
Nay: None
Vote: 7-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Amendment to Microsoft Service Agreement
Ms. Amy Wyks presented Council with an amendment to the existing Waster
and Service Agreement for Microsoft. Council and staff discussed the amendments.
MOTION2024-031
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the
following was proposed:
I move to approve the proposed resolution for conditional approval of water sanitary
sewer extensions to serve Microsoft campus and amendments to water and wastewater
service agreement.
RESOLUTION2024-031
Amendments to Water and Wastewater Service Agreement for Microsoft
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COUNCIL MEETING February 27, 2024
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The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
b. Voluntary Settlement Agreement Resolving the Compass Creek Annexation
Mr. Chris Spera presented an overview of the terms of the Voluntary Settlement
Agreement with Loudoun County and the remaining steps in the process. Council and staff
discussed the settlement agreement. Mr. Spera noted a public hearing would be held in
Leesburg by the Commission on Local Government on March 21.
MOTION2024-032
On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the
following was proposed::
I move to approve the resolution proposed by staff approving the Town's entry into a
voluntary settlement agreement resolving the pending Compass Creek annexation
proceedings in substantially the form attached to the resolution and authorize the Town
Attorney and Town Manager to take all steps reasonably necessary to complete the
process offinalizing the agreement, presenting it to Commission on Local Council
Governments for its report and recommendations in obtaining the approval and order of
the special judicial panel to be appointed by the Supreme Court of Virginia.
RESOLUTION2024-032
Approving the Town of Leesburg Entering into a Voluntary Settlement Agreement of
Annexation and Related Issues with Loudoun County
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
c. Appointment to the Diversity Commission
MOTION2024-033
On a motion by Mayor Burk, seconded by Council Member Nacy, the following was
proposed:
RESOLUTION2024-033
Appointing Ana Quijano to the Diversity Commission
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COUNCIL MEETING February 27, 2024
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
14. PUBLIC HEARINGS
Mayor Burk requested item c. be moved forward on the agenda. There were no
objections.
c. TLZM-2022-0010, Village at Leesburg, Land Bays D&E
The public hearing opened at 7:41 p.m.
Mr. Richard Klusek presented Council with a rezoning application for the Village at
Leesburg Land Bays D&E to allow for a data center.
Ms. Molly Novotny, a Planner from Cooley, LLC, presented the data center
proposal on behalf of the applicant.
Council and staff discussed the rezoning application with Mr. Klusek and Ms.
Novotny.
Public Speakers:
Lisa Nirell, 1708 River Sandstone Terrace SE. Spoke to Council in opposition
of the rezoning application of Village at Leesburg, Land Bays D&E.
Charles Banks, 1812 Yellow Garnet Terrace SE. Spoke to Council in
opposition of the rezoning application of Village at Leesburg, Land Bays D&E.
Michael Gage, 1704 River Sandstone Terrace SE. Spoke to Council in
opposition of the rezoning application of Village at Leesburg, Land Bays D&E.
Michael Newton, Village Walk. Spoke to Council in opposition of the
rezoning application of Village at Leesburg, Land Bays D&E.
Amy Newton, Village Walk. Spoke to Council in opposition of the rezoning
application of Village at Leesburg, Land Bays D&E.
Jeffrey Maged. 1300 White Feldspar Terrace SE. Spoke to Council in
opposition of the rezoning application of Village at Leesburg, Land Bays D&E.
Gem Bingol, 1508 Shields Terrace NE. Spoke to Council as a representative
of the Piedmont Environmental Council regarding energy consumption of data
centers in the region and alternative substation designs.
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COUNCIL MEETING February 27, 2024
Lily Wong. 1804 Yellow Garnet Terrace SE. Spoke to Council in opposition
of the rezoning application of Village at Leesburg, Land Bays D&E.
Gina Anders. 1708 Gray Shale Terrace SE. Spoke to Council in opposition
of the rezoning application of Village at Leesburg, Land Bays D&E.
Jose Galvez. Spoke to Council in opposition of the rezoning application of
Village at Leesburg, Land Bays D&E.
Christine Waldron. Spoke to Council in opposition of the rezoning
application of Village at Leesburg, Land Bays D&E.
The public hearing was closed at 8:45 p.m.
Council, staff and the applicant discussed the public's comments and concerns
and the rezoning application.
MOTION2024-034
On a motion by Council Member Cimino -Johnson, seconded by Vice Mayor Steinberg,
the following was proposed::
I move to approve the proposed Ordinance, approving rezoning application TLZM-2022-0010
Village at Leesburg Land Bays D and E, including the Concept Plan revised through December
13, 2023, and the proffers revised through January 24, 2024, 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
isconsistent with the protection of the health, safety, welfare, and convenience of the
community.
ORDINANCE 2024-0-003
Approving Rezoning TLZM-2022-0010 Village at Leesburg Land Bays D and E, to
Amend the Concept Plan and Proffers to Allow Data Centers and Additional Uses
Permitted in the I-1, Industrial/Research Park Zoning District
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Vice Mayor Steinberg, Wilt and Mayor
Burk
Nay: Nacy
Vote: 6-1
b. Authorization to Issue General Obligation Bonds
The public hearing opened at 9:06 p.m.
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COUNCIL MEETING February 27, 2024
Ms. Lisa Haley presented Council with a request for authorization to issue
General Obligation Bonds. Ms. Haley, Mr. Clark Case, and Mr. Courtney Rogers
with the Town's financial advisor Davenport, discussed the bonds with Council.
Public Speakers:
There were no public speakers wishing to address Council.
The public hearing was closed at 9:12 p.m.
MOTION2024-035
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the
following was proposed::
I move to approve the proposed Resolution to authorize the issuance of the General
Obligation Bonds.
RESOLUTION2024-034
Authorization of General Obligations Bonds
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
c. Tax Year 2024 Personal Property Tax Rates
The public hearing opened at 9:14 p.m.
Mr. Clark Case presented Council with the proposed Personal Property Tax Rates
for Tax Year 2024.
Council and staff discussed the rates.
Public Speakers:
There were no public speakers wishing to address Council.
The public hearing was closed at 9:26 p.m.
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COUNCIL MEETING February 27, 2024
MOTION2024-036
On a motion by Council Member Bagdasarian, seconded by Council Member Nacy,
the following was proposed:
I move to approve the proposed Ordinance to set the tax rates on personal property,
vehicle license fee, and personal property tax relief for Tax Year 2024 as proposed and
amend Leesburg Town Code Section 20-30 and Appendix B
ORDINANCE 2024-0-004
Setting. Tax Rates on Personal Property (Section 20-22), Vehicle License Fee (Section 32-84),
Motor. Vehicle Tax Reduction (Section 20-25), and Personal Property Tax Relief (Section 20-
30) for Tax Year 2024, and Amending Appendix B — Fee Schedule
The motion was approved by the following vote:
Aye: Bagdasarian, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: Cimino -Johnson and Cummings
Vote: 5-2
15. UNFINISHED BUSINESS
a. None.
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16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Wilt disclosed he met with Ms. Molly Novotny, Mr. Bob Kettler,
Mr. Kyle Crosby and Ms. Soledad Portilla regarding the Village at Leesburg.
Council Member Bagdasarian disclosed he met with Ms. Molly Novotny, Mr. Bob
Kettler, Mr. Kyle Crosby and Ms. Soledad Portilla regarding the Village at Leesburg.
Council Member Nacy disclosed that she received a request to meet with Ms. Molly
Novotny, Mr. Bob Kettler, Mr. Kyle Crosby and Ms. Soledad Portilla regarding the Village
at Leesburg but that they were not successful in scheduling a meeting.
Council Member Cimino -Johnson disclosed he met with Ms. Molly Novotny, Mr.
Bob Kettler, Mr. Kyle Crosby and Ms. Soledad Portilla regarding the Village at Leesburg.
Council Member Cummings disclosed he met with Mr. Brian Cullen with Keane
Enterprises regarding the Oaklawn property and separately with Ms. Molly Novotny.
Vice Mayor Steinberg disclosed he met with the Mayor and the Kettler Group and
separately with Ms. Molly Novotny regarding the data centers at Land Bays D&E.
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COUNCIL MEETING February 27, 2024
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18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed she met with the Vice Mayor and the Kettler Group regarding
the data centers at Land Bays D&E. Mayor Burk met with Ms. Sarah Caddy from React
DC about setting up a refugee center at the Lutheran Church in Leesburg. Mayor Burk
attended the Town Hall meeting on the zoning rewrite. Mayor Burk celebrated the 35th
anniversary of China King in Leesburg. Mayor Burk attended the youth job fair at Loudoun
County High School hosted by the Economic Development Department and thanked both
the Economic Development Department and LoudounlCounty High School for asuccessful
event. Mayor Burk attended an interfaith luncheon with religious leaders and the education
community at the Sha'are Shalom Synagogue. Mayor Burk testified to the Senate against
one of the zoning bills that would've taken zoning away from local government. Mayor
Burk welcomed the Fitch Rating. Agency and Moody Rating Agency to Leesburg. Mayor
Burk attended the Popcorn with Police at the Douglass 'Community Center. Mayor Burk
congratulated Ms. Donna Torraca on her retirement from the Loudoun County School
System. Mayor Burk welcomed the Shear Love Pet Spa to Leesburg. Mayor Burk thanked
Public Works and Capital Projects Director Renee LaFpllette for walking the W&OD Trail
with her on a Sunday to talk about the lighting project. Mayor Burk attended the Friends of
the Balls Bluff dinner and noted the excellent remarks given by local historian Mr. Rich
Gillespie. Mayor Burk welcomed Ms. Michele Burton 'and Ms. Shaniqua Clark Nelson on
the opening of their new law firm in Leesburg and welcomed Ms. Buta Biberaj on the
opening of her new law firm in Leesburg.
19. TOWN MANAGER COMMENTS
a. None.
20. ADJOURNMENT
On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the
meeting was adjourned at 9:33 p. m.
ATTEST:
•
Clerk of Council
2024 tcmin0227
Kelly/Burk, ayor
Town of Leesburg
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February 27, 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 Town Council meeting of February 27, 2024.
If anyone in the room needs hearing assistance, please see the Clerk. Council Member Bagdasarian
will be giving the invocation tonight, and the salute to the flag will be Council Member Cimino -
Johnson.
Council Member Ara Bagdasarian: Thank you. Heavenly Father, we are thankful to gather this
evening to discuss matters of importance to our community. We ask for clarity in our judgment and
decision -making. We ask for civility and empathy in our deliberation. Let us work together to
constructively build a better Leesburg for our citizens today and for the future. Let us also keep in
mind the families suffering from violence around the world. We ask all of this in your name. Amen.
Mayor Burk: Please stand.
[inaudible]
For the record, let it be noted that everyone is here tonight. We have one work session minutes of
February 12th. Do I have a motion to accept them? Vice Mayor? Seconded by Council Member Nacy.
All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 7-0.
Chris Spera: 6-0-1.
Mayor Burk: You abstained?
Council Member Bagdasarian: Yeah.
Mayor Burk: I didn't hear you abstain. Okay, 6-0-1. Oh, I see now the note says you should abstain.
The regular session minutes of February 13tH
Council Member Kari Nacy: So moved.
Mayor Burk: So moved by Council Member Nacy.
Council Member Todd Cimino -Johnson: Second.
Mayor Burk: Seconded by Council Member Cimino -Johnson. All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed?
Council Member Bagdasarian: I abstain, officially.
Mayor Burk: Okay, 6-0-1. Thank you. Do I have a motion to adopt the meeting agenda for tonight?
Council Member Nacy: So moved.
Mayor Burk: Council Member Nacy. Is there a second?
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Council Member Zach Cummings: Second.
Mayor Burk: Council Member Cummings. All in favor? Are there any amendments or deletions?
Seeing none, all in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That's 7-0. We have no certificates, but tonight we do have two
proclamations. I will read them out and ask for a motion and then go to the floor to give them to the
respective recipients. The first one is for Black History Month, February 2024. Whereas in February of
1926, 61 years after the ratification of the 13th Amendment to the United States Constitution, Dr.
Carter Woodson, a noted historian, desired to recognize the achievements and the contributions of
African Americans in this country.
Whereas the month of February was appropriately chosen to recognize the accomplishments of
African Americans as it contained the birth anniversaries of Abraham Lincoln and Frederick Douglass,
and whereas during Black History Month we celebrate the many achievements and contributions
made by the African Americans to our economic, cultural, spiritual, and political development.
Whereas the Town of Leesburg serves as the location for the annual Dr. Martin Luther King Jr. March
and Celebration, which annually attracts hundreds of attendees to the Loudoun County Courthouse
lawn to walk in solidarity for equal rights for all in honor of Dr. King's legacy, and whereas we
recognize Tammy Carter, MLK Diversity Engagement Foundation Chairwoman, for all her hard work
and efforts in organizing the annual MLK March and Celebration. Her leadership brings the residents
of Leesburg together to show support in advancing equality, social justice, and opportunity for all.
Therefore proclaimed, the Mayor and the Council of the Town of Leesburg in Virginia hereby proclaim
the month of February of the year 2024 as Black History Month in the Town of Leesburg and urge the
citizens of Leesburg to join in recognizing the contributions and the accomplishments of Black
Americans throughout the history of our nation. Do I have a motion?
Vice Mayor Neil Steinberg: Madam Mayor, I move to approve the proclamation for Black History
Month to be proclaimed at the February 27, 2024 Town Council meeting.
Mayor Burk: All right, thank you. Is there a second?
Council Member Cimino -Johnson: Second
Council Member Nacy: Second.
Mayor Burk: Second by, I'm going to give that to Council Member Cimino -Johnson. Second, second,
Council Member Nacy. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passed 7-0. We have another proclamation, and this one is in memory
of James "Jim" Elmore Clem. Whereas former Mayor James E. Clem was a long-time resident and
business owner in Leesburg, Virginia, who passed away in January of 2024. Whereas former Mayor
Clem was a cartographer program manager at the former Defense Mapping Agency in Washington,
D.C., until he retired in 1996, after 37 years, and then purchased the Colonial Funeral Home in
Leesburg in 1996 and owned it until 2013.
Whereas former Mayor Clem served the Town of Leesburg on Council starting in 1987, and stepped
into the role of Vice Mayor from 1990 until he was elected Mayor in 1992, and served four terms.
Whereas former Mayor Clem served as the Leesburg District Representative on the Loudoun County
Board of Supervisors from 2003 to 2007. Whereas former Mayor Clem dedicated his life to serving
others as a member and past president of the Leesburg Volunteer Fire Company.
Whereas former Mayor Clem was a life member of the Olive Branch Masonic Lodge No. 114 in
Leesburg, Virginia, and the Leesburg Host Lion Clubs. Therefore proclaimed that the Mayor and the
2IFebruary 27, 2024
Council of the Town of Leesburg, Virginia, hereby recognize former Mayor Clem and memorialize the
magnitude of his contributions to the Leesburg community. Do I have a motion?
Council Member Bagdasarian: So moved.
Mayor Burk: So moved by Council Member Bagdasarian.
Council Member Nacy: Second.
Mayor Burk: Seconded by Council Member Nacy. All in favor?
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. Let me take these down and distribute these.
[pause]
The first one is for Black History Month. Tammy, I'd like to ask you to come up and join me up here.
Now, to say that you work hard on the MLK March and celebration is an understatement. The fact that
you put that together every year, and it is such an amazing event, it just amazes me. Every single
year she puts this together, and hundreds of people come downtown and march together. It's just a
very moving occasion, and I really appreciate the fact that you put it together. I'm delighted that you're
here to accept this today. Would you like to say a few words?
Tammy Carter: I would just like to thank everyone for their participation in the event that we have
every year. Like I always say, it's not about race, it's not about religion, it's not about politics, it's about
our community. I hope you help us continue to keep our community strong and grow further and be
more educated. We're going to try to promote early reading scholarships, so we're doing a lot for the
community, and we ask that you continue to join us, and thank you for all that you have done.
Mayor Burk: Thank you. Thank you very much. Really appreciate it.
[applause]
We were told we were going to get that picture, and I forgot. The next one, I would like to ask the
Skinners to come up and accept this proclamation. Being the daughter of such a prominent individual,
I know has lots of stories you could tell, but we truly wanted to honor Jim. He was the Mayor for so
long and was so much a part of the community. Even when he moved away, he still was part of the
community. We most certainly wanted to make sure that we recognized him, and thank you for
sharing him with us for so long.
Stacy Skinner: Thank you. I hope that I could be half the person that he was with everything that he
did for the community.
Mayor Burk: I'm sure. Did you want to say anything about your dad?
Stacy Skinner: No, I'm good, because I'll break out in tears. No, we're good.
Mayor Burk: Okay, all right. Thank you.
Doug Skinner: Jim has passed, and we had one service for him down in South Carolina. April 14th,
Sunday at two o'clock at the Leesburg Volunteer Fire Station, number one on Loudoun Street, we'll
have the celebration of life for the local area for the people that can come and tell stories and have a
little service and a little refreshment.
Stacy Skinner: Hopefully lots of laughs.
Mayor Burk: I'm sure there'll be lots of people.
3IFebruary 27, 2024
Stacy Skinner: Then you will come join us?
Mayor Burk: I will come join us, and I will have another one to give to your mother.
Doug Skinner: Mrs. Clem will be here then, Connie, his wife, so you can give that to her.
Mayor Burk: Yes, absolutely.
Stacy Skinner: Thank you.
Mayor Burk: Thank you. Take care.
[applause]
All right. Our next job is to do the petitioner section, and 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. If you are here to talk about the data center public hearing, you might want to wait until then.
However, if you can't wait that long and you want to speak now, that's fine. We'll just make sure it's on
the record.
Please identify yourself, and if comfortable doing so, give your address. We do ask public speakers to
state your name and spell it, and that's for the closed captioning. In the interest of fairness, we ask
that you observe 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, this time limit applies to all. Now, we do have one
person that signed up for the petitioner, Lisa Nirell. Lisa, are you here for the data center thing, or did
you want to speak now?
Lisa Nirell: I'm with the data center group.
Mayor Burk: Okay. You would rather wait until then? Okay. Is there anybody else in the audience
that would like to speak during this petitioner section that didn't sign up? Seeing no one, then I will
close the petitioner section. I will hold your name over here, so don't let me forget it.
Council Member Cummings: I won't.
Mayor Burk: Okay. Our next issue item, anybody have any regional reports? The only one I have is
from the Coalition of Loudoun Towns. The Mayors met last week, and the majority of, not the majority,
the whole time we discussed the different pieces of legislation that are down in Richmond that affect
the towns. There were a number of them this year, unfortunately, and the effects were to do away
with zoning within the towns.
Most of them we were able to get. They're off the table, but there's still a couple that we're still having
to advocate against. That was the majority of what we talked about at the COLT meeting. No one else
has anything? All right. There's no presentation. We did the petitioners. That takes us then to our
consent agenda. I am going to read the consent agenda. I will ask for a motion and a second, and
then I'll ask if anything would be removed.
The first thing is 12A is the Amending the Calendar Year 2024 Town Council Meeting Schedule. I'm
going to state this so people understand. In March, we are going to have our regular second meeting,
Monday and Tuesday, on the second week. Then we are going to have it Monday and Tuesday on
the third week. We're moving it up because of school vacation. In March, we will have on the second
and third our meetings will be held on that day.
12B is the Award of Contract Sound and Stage Service for Selected Town Events. C is the Annual
Landscape Maintenance Service Contract Award. D is the Right-of-way and Easement Acquisition for
Veterans Park at Balls Bluff Project. C is the Right-of-way and Easement Acquisition for Downtown
4JFebruary 27, 2024
Streetlights Phase Two Projects. Do I have a motion?
Vice Mayor Steinberg: So moved.
Council Member Nacy: Second.
Mayor Burk: Moved by Vice Mayor Steinberg, seconded by Council Member Nacy. Anybody have
anything they want removed? In that case, all in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. Now, at this point, we have resolutions. The first resolution
that we have tonight is 13A, which is amendment to the Microsoft Agreement. Who is taking that one?
Amy Wyks: Good evening, Madam Mayor, Vice Mayor, Members of Council. Tonight I'm here to
discuss an amendment to the Water and Wastewater Agreement with Microsoft. Microsoft has
requested additional capacity as well as some amendments to the existing agreement that we have
with them. As you may know, the property is currently outside the Town's corporate limits within the
JLMA, the Joint Land Management Area.
Council has approved extension to Microsoft on three different occasions. One was related to the
Compass Creek development and then Microsoft Phase One and Microsoft Phase Two. In September
of 2020, we executed a water and wastewater service agreement with them that was a condition of
the previous extensions. As you know Microsoft is the largest parcel that's within the Compass Creek
annexation area. As of February 19th of 2024, Microsoft has signed consent to come into the Town
boundaries, which will be discussed later tonight.
The Microsoft campus, as you know, is adjacent to the Leesburg Executive Airport, South of Walmart
in the Compass Creek shopping area. This is their master plan that shows their campus with five data
centers. I'm here tonight because Microsoft has asked Council to update their request for increasing
of the water and wastewater discharge. Based on our analysis, the existing utility system can support
their proposed increases. There are some improvements that will need to be done to the Town's
water and sanitary sewer systems.
Those improvements will be required to be designed, procured and constructed by Microsoft at all
their expenses. The amended agreement addresses availability fees for the additional quantities, and
there's some other minor language revisions. Microsoft has acknowledged the need for the
infrastructure due to the capacity and they're working with us. This is just an example, or the numbers
that show the original agreement of the water and sewer and then what their total is for the request.
They're going from about 600,000 gallons of water to 1.2 million, sewer just under 100,000 to
600,000. Those are all in gallons per day with the understanding that the majority of this is the
summer months when it's hot. From a utility systems capacity, just wanted to show you here the water
treatment plant, capacity is at 12.8 is what our maximum capacity is. Our average day for the
calendar year of '23 was 4.3 million gallons per day.
Our projected build out based on approved projects and this increase of their request is 7.9. At the
water pollution control facility, our current capacity is 7.5 million gallons per day. Average day is just
under four and projected build out gets us to 6.1. Just another side note, as you may remember from
the budget presentations and the rate consultant, there is a solids processing facilities upgrade that's
proposed at the wastewater facility.
Again tonight we're here for Council to approve amendments to the existing water and sewer service
agreement with Microsoft as well as approving additional water and wastewater capacities.
Mayor Burk: All right, thank you. Does anyone have any questions on this? We most certainly have
been briefed frequently on this. Mr. Wilt, do you have additional questions?
Council Member Patrick Wilt: I just wanted to ask specifically about the capacity, Amy. We had, was
it 12.8 million gallons capacity currently? After Microsoft build out, will max at 12.1 million gallons? I
5IFebruary 27, 2024
read that chart correctly?
Amy Wyks: Correct. The 12.1 is what we call our max day, which would be during the summer. The
average day would be the 7.9 that's there.
Council Member Wilt: Okay. Then, over the next, I guess 10 years of a planning period, or what do
we do in utilities for a planning period that we expect our total Town capacity needs to be? Will we
have to build additional capacity about what's installed currently?
Amy Wyks: Based on what we're showing you there, no. The projected build out there is not just
Microsoft getting added into the equation, it's everything that's approved or in the pipeline, or as it's
zoned today within the corporate limit. It does include the redevelopment that the Town Plan legacy
Leesburg is projecting.
Council Member Wilt: Okay. Great. All right. Good. Thanks, Amy.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Just two questions on availability fees. Do you know what the total
cost of availability fees are Microsoft will be paying for the service agreement?
Amy Wyks: It'II be upwards of $10 million for both water and wastewater based on the increase that
they asked for.
Council Member Cummings: Those availability fees go towards?
Amy Wyks: They stay within the utilities enterprise fund, and they would be used for capital projects
similar to what we've talked about during the budget and rate studies.
Council Member Cummings: To help pay for the increased usage that they're creating.
Amy Wyks: Correct.
Council Member Cummings: Okay. Thank you.
Mayor Burk: Anyone else at this point? Would anybody like to make a motion?
Vice Mayor Steinberg: Madam Mayor, I move to approve the proposed ordinance amending Town
Code Chapter 3, 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.
Amy Wyks: That's actually not the correct motion.
Mayor Burk: That's not the correct motion?
Amy Wyks: That's related to Town Code. There should be one in the memo, not in the presentation.
Yes.
Mayor Burk: So one's seconding you.
[inaudible]
Vice Mayor Steinberg: That motion here? Forget everything I just said. All right. I move to approve
the proposed resolution for conditional approval of water sanitary sewer extensions to serve Microsoft
campus and amendments to water and wastewater service agreement. Does that work?
Amy Wyks: Correct.
Vice Mayor Steinberg: Okay. Thank you.
6IFebruary 27, 2024
Mayor Burk: Is there a second?
Council Member Nacy: Second.
Mayor Burk: Questions at this point. All in favor and keep by saying aye.
Members: Aye.
Mayor Burk: Opposed. That passes 7-0. The next item is the Voluntary Settlement Agreement --
Thank you, Amy. The Voluntary Settlement Agreement resolving the Compass Creek Annexation.
Chris Spera: Good evening, Madam Mayor, Members of Council, and I'm here this evening on
something I wasn't sure I would ever be here before you this evening on, the approval of the voluntary
settlement agreement to resolve the Compass Creek annexation matter. I know each of you is aware
of this, but just for the education of the public, this was a dispute that started back in 2018 regarding
whether or not the properties within Compass Creek, to which the Town was providing utility service
as well as other infrastructure and access, would come into the Town.
A portion of the Compass Creek development came in through a boundary line adjustment in 2020.
There was a second boundary line adjustment approved, but that never got completed. Ultimately,
negotiations to resolve the entirety of Compass Creek proved to be unsuccessful, and you authorized
me to commence the annexation proceeding in September of '22. I'm not going to say it's been an
easy lift, but we got to the mediation in January of this year, and we were fortunate enough to have
that mediation session produce a set of agreed terms.
We've been working very hard with the County to come up with the voluntary settlement agreement.
The County held its own meeting like this one, adopting a voluntary settlement agreement draft, very
similar to the draft that you have before you tonight. Before I go into the terms, just to remind you, the
process, once we agree on the format of a voluntary settlement agreement, is to convert the
contested annexation case from approximately a week of adversarial hearings to one day of
testimony with the Commission on Local Government that will take place here in Leesburg.
Both the County and the Town explaining to the Members of the Commission why the agreement is in
the best interest of both jurisdictions and the State. There will be a public hearing after that, and then
the Commission will take approximately 45 to 60 days to issue its report and recommendation. We've
been working very closely with the Commission on Local Government staff.
They are thrilled that this went from a contested annexation to a voluntary settlement agreement, and
they are working with us very closely to move this thing forward. That will take place on March 21st,
those proceedings with the Commission here in Town. To summarize the terms of the voluntary
settlement, with the written consent of the individual property owners, the bulk of which have been
obtained, all of the approximately 400 acres of Compass Creek will be annexed into the Town.
We've still got to chase down one small parcel within the annexation area, and then the exit ramp off
of the toll road, that's actually private property because it's operated by the toll road operator, so
we've got to get their consent as well. Other than those two very small parcels, all the other property
owners have consented to come within the Town boundaries. The Town will be the primary service
provider for water and sewer service for all properties within the annexation area.
If at some point for later phases of the Microsoft Data Center, they wish to connect to Loudoun Water,
they can do so, but they don't get any availability fees back. Nothing changes in terms of money that
they have paid us. In addition to the properties coming within the Town's jurisdiction, for taxation
purposes and services purposes, the County will pay the Town an annual economic development
payment of $2 million with a 3% annual inflation escalator. For so long as the County makes this
annual payment, the Town will not assess a surcharge for out -of -Town water and sewer customers.
The idea being that the money from the County will replace the revenue that is being foregone by not
charging the surcharge.
In addition, the Town has agreed not to seek to become an independent city for a period of 25 years
after the current moratorium on the incorporation of new cities in Virginia is lifted, if ever. That
7IFebruary 27, 2024
moratorium has been in place since 1987. The General Assembly has shown no indication of not
renewing that. In the event that it does, and some future Council wishes to pursue independent city
status, it would have to wait for a period of 25 years to do so.
Certainly the trend has been the other way, and small independent cities have been giving up their
city charters and reverting back to counties, and certainly South Boston, Bedford are fairly recent
examples of that trend. Although there is an additional right that we are foregoing for adversarial
annexations for a similar 25 -year period, the Town and the County can still process consensual
boundary line adjustments where a property owner wishes to come into the Town, and the County
has indicated it's not changing its policy on consensual boundary line adjustments where the property
owner wishes to come into the Town, if they're within the joint land management area.
That's consistent with the policy that's been in effect for a long time. I would point out in the context of
this term of the agreement that there is already a 10 -year prohibition on a hostile annexation. Once
we filed the one that we filed in '22, we'd already have a 10 -year prohibition against a second one, so
the 25 -year prohibition is perhaps not quite as long as it initially appears because of the existing
statutory prohibition.
Then the last agreed term from our mediation session was to give best efforts to try and get this done
before the end of the calendar year. That's important because of the unique tax rules within the
Commonwealth where properties within your boundaries on January 1 are taxable, but if they're not,
you've got to wait until the next January. Everybody's doing their best to try and get this done by the
end of the year.
The estimated timeline on that, we've got probably about a three-month cushion. We hope that this is
something that would be done by the end of September. There are elements of this we don't control.
We've already set the dates for the proceedings with the Commission, as I said, March 21 here in
Leesburg. It takes them about two months to issue their report. Once that report is issued, there is a
special three judge panel appointed by the Supreme Court of Virginia.
There is a separate proceeding to adopt the Voluntary Settlement Agreement before that special
panel of judges. They issue a final report or an order, and then 30 days after that order is issued, it's
final. The boundary line adjustments happen. We believe that can happen by the end of September,
but if not, we've got a three-month cushion. We do not control, unfortunately, the amount of time it
might take for the Supreme Court to appoint the three judge panel.
I will say that it being a one -day proceeding before the Commission on Local Government for a
Voluntary Settlement Agreement, as opposed to a contested matter, should make it easier for that
three judge panel to convene because they really only have to convene for a day as opposed to a
longer trial. Again, we are optimistic that the fall is the timeframe when we would get through this
process.
Separate apart from the terms of the Voluntary Settlement Agreement, as part of the consent process
with the property owners, we've made, and you have approved these, agreements with respect to
setting the personal property tax rate. We would break out as a separate category, as the State Code
allows us to do, a category for personal property taxation, for computer equipment and peripherals
associated with the operation of a data center.
We would agree to set that rate initially at $0.75 per $100 of assessed value, and we'd agree to hold
that rate in place for a period of five years. Those are the agreements that we've made with the
property owners separate and apart from what's in the agreement with the County in the voluntary
settlement agreement. I know this is all familiar territory to you, but this gives us a chance to talk
about it to the public.
Before I stop talking, I just want to thank you for giving me the resources to see this through, your
commitment to that and the amount of resources you gave me so that we could continue to push this
was important in getting us to this point. Other than that little bit of editorializing, I have nothing further
and I'm happy to answer any questions.
Mayor Burk: Thank you. Are there any questions? Mr. Bagdasarian?
8IFebruary 27, 2024
Council Member Bagdasarian: Yes. Thank you, Mr. Spera. Yes, it's been quite the journey. In the
unlikely event that something doesn't work out, do we still have the dates for the Commission on
Local governments?
Chris Spera: The Commission would have to set new dates.
Council Member Bagdasarian: Okay. Thanks.
Mayor Burk: Mr. Wilt?
Council Member Wilt: Just a small detail, Chris. The two parcels which have not signed consent
agreements, do they in any way affect the overall annexation?
Chris Spera: No. There's a very small, less than an acre where there's a vernal pool, it's not a
developable parcel, and then the other is the exit ramp off the toll road.
Council Member Wilt: They never signed a consent?
Chris Spera: We have not successfully made that connection yet, but with the parcel for the vernal
pool, we're working on that and we've yet to get an answer from the toll road folks, but we will get it.
It's an insignificant amount of land vis-a-vis the 400 plus acres that we're --
Council Member Wilt: It's a small piece of land, but it can't stop the entire proceeding.
Chris Spera: That is correct. It would not stop the proceeding.
Council Member Wilt: All right. Thanks, Chris.
Chris Spera: There would be a little doughnut where the vernal pool is and there'd be a little
indentation where the exit ramp is, but it would not stop the proceeding itself.
Mayor Burk: Ms. Nacy?
Council Member Nacy: Thank you, and thank you for all of your hard work on this. I know the
journey started before I was even on Council, so.
Chris Spera: It started before I got hired.
Council Member Nacy: Yes. Just mainly for the public's clarification on the out -of -Town surcharge,
the money that we're getting from the County basically replaces that revenue, right? Lost revenue.
Chris Spera: That's correct. In the early years, it's a little bit more than what our out -of -Town revenue
is. There is the inflation escalator. I don't know how many additional out -of -Town customers we might
get, but it was the preference of the County that we just agree on a flat number with an inflation
escalator as opposed to doing an arithmetic exercise each year to come up with the actual number.
Council Member Nacy: That makes sense. Okay. That would in no way impact our current Town
residents' water rates because those are set separately.
Chris Spera: That's correct. The phrase that I like that perhaps others don't is that it is rate neutral.
Council Member Nacy: Yes. Okay. Great. Thank you.
Mayor Burk: Mr. Cummings?
Council Member Cummings: Just a couple quick comments. Thank you, Mr. Spera and Town staff,
for all of your efforts to get us to this point. As Councilwoman Nacy said, this started before we were
here. I appreciate the Mayor and Vice Mayor working hard with Chair Randall and Supervisor
Umstattd, so I just wanted to say this is really-- I believe it's a win -win for the County and the Town.
9IFebruary 27, 2024
The one thing that I'm looking forward to once the papers are signed, the ink is dry, and this thing is
done, is what we can do with the revenue that's created from this venture.
My aim as a Council Member is to ensure that our residents feel the direct benefit of this additional
revenue so we can continue to grow our Town and make it the best Town in the Commonwealth of
Virginia.
Mayor Burk: Vice Mayor?
Vice Mayor Steinberg: Thank you. I just wanted to echo the sentiments here and thank staff and our
outside counsel for all the work that it took to bring this thing home. The Mayor and I may be the only
two sitting here who've been with this pretty much the entire time, so to have this culminate once we
got through the mediation is very gratifying indeed and we look forward to what we will wind up doing
within the area. Thank you.
Mayor Burk: Supervisor Umstattd and I were the only ones that were at all of the meetings all five
years. This conversation started in 2018 and I thought it was going to be done, in a couple of months.
Five years later to finally have it done is very exciting. This proposed settlement accomplishes a long-
time goal that the Town has had, which was to bring Microsoft data centers. We were often told it's
not going to happen, there's no way. We're at the point now where it's not only going to happen, it will
happen.
It's really important for the public to understand that the new revenues to the Town from Compass
Creek will be at a conservative estimation of between $10 million and $12 million annually upon
buildout. That will give us the opportunity to lower tax rates, to do new projects, to do some of the
things on our CIP that have been languishing for a long time. In addition to this, the Town will receive
$2 million from the County under an economic development payment grant. As you said, it will
increase by 3% annually.
This agreement calls out for utility customers' surcharge out -of -Town utility customers. In Town, we
don't have a surcharge. Out -of -Town, the residents were assessed a surcharge that will be paused as
long as we get that economic development grant. If the grant ceases for some reason, it goes back to
the out -of -Town rate payers paying for that surcharge. The County is paying for the cost of these out -
of -Town surcharges. The Town will not be paying for them. It will come from the County grant.
We were determined that was one that had to be one of the elements that our taxpayers in Leesburg
were not going to be paying to pause that surcharge for the out -of -Town residents. You explained
how the 21St we'll all meet and talk and make the agreement there. Following that, the Commission's
recommendation, the agreement does have to go to Court. The annexation of Compass Creek into
the Town limits will not be official, like you said, until the Court approves it.
We are really striving very hard to make sure that it's done by the end of the year. That's really
important. Again, this settlement, I want everybody to understand that this settlement will give the
Town the ability to lower tax rates and to do some capital improvement programs that we have
wanted to do but couldn't afford to do at this point. We can now have the opportunity to look it over
and pick and choose.
As Council Member Cummings said, we want to make sure that the residents feel the positive impact
to this. I do want to thank Chair Randall for all of her involvement in this issue and for Supervisor
Umstattd, who, like I said, was the only other person that attended every one of those meetings. I
want to thank you, Mr. Spera, for all of your hard work on this and Mr. Haley. There were times where
I wasn't sure that we were going to ever walk back in that building again. We were so frustrated.
This is an opportunity, and I think it's a job well done. I'm excited for it. I'm excited that we were able
to prevail in this and to work with the County to come up with a solution that benefited the Town and
has no negative impacts on the County. Thank you all very much for all the hard work you did.
Thanks, the Council, for all of your support. When it looked like we had another bill coming for another
lawyer, it was hard to say, yes, go ahead.
You all stayed determined. You also didn't collapse at any point and say, let's give in or let's quit. I
101February 27, 2024
want to thank all of you for all of your determination and commitment to this. At that, then, I need a
motion.
Vice Mayor Steinberg: Yes, Madam Mayor. Is this the right one? I don't want to read through this
whole thing. Okay, very good. Thank you. I move to approve the resolution proposed by staff
approving the Town's entry into a voluntary settlement agreement resolving the pending Compass
Creek annexation proceedings in substantially the form attached to the resolution and authorize the
Town Attorney and Town Manager to take all steps reasonably necessary to complete the process of
finalizing the agreement, presenting it to Commission on Local Council Governments for its report and
recommendations in obtaining the approval and order of the special judicial panel to be appointed by
the Supreme Court of Virginia. That's a long sentence.
Chris Spera: That's a third -year class in law school, Mr. Vice Mayor, long sentences.
Vice Mayor Steinberg: That's what you get out of UVA, I guess.
Chris Spera: Yes, sir.
Mayor Burk: Is there a second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings. All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 7-0.
Chris Spera: Thank you, Madam Mayor. Thank you, Members of Council. I would be remiss if I didn't
also echo my thanks to staff, particularly the Utility staff and the Budget staff. There was a lot of work
that went into this beyond just the legal work that myself and my team did. Your staff did a great job
all the way around.
Mayor Burk: Thank you. All right, our next item is an Appointment to the Diversity Commission of Ana
Quijano. I'll make a motion. Is there a second?
Council Member Nacy: Second.
Mayor Burk: Seconded by Council Member Nacy. All in favor?
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. Okay, that takes us to our public hearings. I am going to
ask if it would be okay with everybody up here that we move C above A, that we do the public hearing
on the Village at Leesburg, Land Bays D and E. Anybody have a problem with that? Okay. We will
move that one forward. Public hearing 3. All right. I call to order this February 27th, 2024, public
hearing on the Leesburg Town Council. Unless there is objection, I will dispense with the reading of
the advertisement.
If you wish to speak, we ask that you either sign up on the sheet in the hallway outside of the Council
Chamber, but if you did not get the opportunity to sign up, we will give you the opportunity to speak. In
the interest of fairness, we also ask that you observe the 3 -minute time limit. The green light in front of
you will turn yellow at the end of 2 minutes indicating you have 1 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 3 -minute time limit applies to all. However,
rather than have numerous citizens present remarks on behalf of a group, the Council will allow the
spokesperson for the group a few extra minutes. In that instance, we would ask the speakers when
11 (February 27, 2024
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 on the
item before us. Second, there is a presentation by the applicant who has asked for 15 minutes. Third,
members of the public that have signed up to speak will be called and given their 3 minutes to make
their comments. The public hearing item on the agenda tonight is TLZM-2022-0010, the Village of
Leesburg Land Bays, D & E. Hello, Mr. Klusek.
Rich Klusek: Good evening, Madam Mayor, Members of the Council. Rich Klusek with Community
Development here tonight to present TLZM-2022-0010. The subject property for this application is
part of the Village at Leesburg, a property referred to as Land Bays D & E. It is located south of Route
7 and on the west side of Crosstrail Boulevard. These properties essentially form the westernmost
boundary of the Town.
The request from the applicant is for a proffer amendment to amend the list of permitted uses in the I-
1 district, as the current proffers limit those potential uses, as well as a concept plan amendment that
would depict building and parking envelopes, whereas the current zoning does not have a concept
plan. This image shows you the elements of the concept plan that we're referring to. The areas in the
brown shading are areas that are part of the building envelope where a building can be located in the
future.
The areas in the blue shading are where parking can be located in the future. With the proposed
proffer changes, the applicant has a number of uses that they can currently build by right, and they're
shown in the column on the left. The applicant is asking for a couple of additional uses, which include
commuter parking lot, data center, data center electrical utility substation, public utility minor, and
industrial flex.
A little bit of additional information to orient you to the site. The site is located across from Wegmans,
as well as the townhouses at Village Walk. It is located just north of the Luckstone Quarry, also in
proximity to the woodlands at Goose Creek. There is an existing self -storage facility located within
Land Bay D that is not part of this application, and you'll note the lines in orange represent the high -
voltage power lines that traverse the site.
You can see those power lines in this image. This is the view looking southeast towards the subject
property from Cross Trail Boulevard at Route 7. You'll also note the self -storage facility here. This is a
view looking southeast towards the subject property from the Wegmans parking garage. This image
just rotates you a little bit to the right. It gives you a sense of the proximity of the Village Walk
townhomes, which are located across Crosstrail Boulevard from the subject property.
This is a view looking towards the subject property from the Village Walk townhomes. This is a view
looking towards the Village at Leesburg and the Village Walk townhomes from the subject property.
This is actually standing essentially in the center of the subject property, looking west-- or east rather
towards those residents. This is a view looking northeast towards the subject property from Russell
Branch Parkway, you'll see the self -storage facility. This is also where the substation is proposed by
the applicant. The current zoning for the property is 1-1. However, as mentioned earlier, the proffers
limit the potential development to certain uses.
The Town Plan land use initiative shows this property as transform or evolve. The character
designation is business and industrial. I'll note, and some of you might remember that this property
was actually the subject of many previous conversations, where the applicant previously petitioned
both the Planning Commission and the Town Council to change the designation for this property to
residential uses. The Town stood by the business and industrial designation, really to recognize the
proximity to the quarry and numerous other industrial uses located down Cochran Mill Road.
In addition, Town Plan policy specifically recognizes data centers. Strategy 2.3.4 states to recognize
significant revenues associated with data centers, essentially in areas where compatibility with the
surrounding area could be demonstrated. When we look at areas where data centers can be
considered, this map shows the areas to transform or evolve. Obviously, the shading here in purple is
much more extensive than the 1-1 and PEC districts where they can actually go, but this shows you a
12IFebruary 27, 2024
sense of where they can be considered.
In addition, the Town back in August adopted Zoning Ordinance standards for data centers. That's in
your Zoning Ordinance section 9.3.62. Those Zoning Ordinance provisions address building
placement, orientation, the design of data center buildings, equipment screening, noise, lighting,
fencing, additional setbacks that are required for data centers, landscaping, and additional provisions
for substations.
In addition, the property is also located in the Gateway District Overlay. The property is subject to
those regulations for any non -data center uses. The data center use standards that were adopted
specifically exempt data centers from those Gateway District guidelines. Any other uses, however,
would be subject to the provisions of TLZO section 7.12.24. A certificate of appropriateness for the
BAR would be necessary for any use other than a data center.
In addition, the property is in the Eastern Gateway District Small Area Plan. That plan provides some
additional specificity to Legacy Leesburg. The designation in that plan is Office and Light Industrial,
and it provides for an emphasis on office and light industrial uses that generate employment and tax
revenues for the Town. There's also policy speaking to this specific piece of property that states land
on the east side of Crosstrail Boulevard should be developed with auto -oriented uses. That may
include retail, convenience, and light industrial uses. Appropriate screening should be provided. Given
traffic, nearby industrial uses, and the power lines, residential development is not appropriate in this
location.
The applicant for this application has provided two sets of precedent images for what the data center
might look like. They've also provided precedent images for a substation wall. You'll note that one of
these images has a big red X through it. That is because the applicant has submitted new proffers
that remove certain images based on Council feedback. We'll also talk about some additional things
that the proffers that are included in your revised packet provide for as well.
It's essentially the images without the red X that can govern what the proposed screening wall might
look like. The proffers that are included with your application speak to substantial conformance with
the concept plan. They address specific uses. They address building design, a security fence, that
substation screen wall as we just mentioned. They provide for the applicant to complete a trail across
or under Crosstrail Boulevard, as well as a $94,369 recreation contribution.
They address plantings and landscaping, including additional evergreen trees that would be provided,
plantings within the Dominion Powerline easement, off -site plantings, and additional street trees. They
also speak to an environmental corridor, having some pervious pavement, having a pump station
relocation as the Town currently has a utility pump station on a portion of this property. They're
making a public safety contribution. There are proffers speaking to the specific type of lighting.
They also have a noise study and noise limits for future development and they have proffered to
ongoing community engagement. This application includes three modifications. All three of these
modifications are due to the Dominion power line easement where they cannot meet the Zoning
Ordinance standards. Essentially where you have the highlighting in purple or green, they are
providing the necessary landscaping. It's underneath the power lines that Dominion would restrict
them from doing so. Staff is in support of those modifications. The application also meets all of the
Town's rezoning approval criteria.
With that, staff is recommending approval as this proposed rezoning is supported by the Town Plan
land use policies. It also aligns with the 1-1 zoning land uses. It is consistent with the recently adopted
data center use standards and the rezoning is compatible with the nearby quarry, self storage facility
and onsite overhead power lines. The Planning Commission also conducted an extensive review of
this application. They held two public hearings as well as two work sessions.
The Planning Commission has also recommended approval based on the fact that the project is
consistent with the Town Plan designations of business and industrial and the area to transform
designation. They are also recognizing that is compatible with the active quarry and self -storage
facility. The applicant has also responded to numerous Planning Commission concerns that were
raised by eliminating uses, adding more landscaping in a screening wall, lowering noise thresholds
131February 27, 2024
and enhancing the building and substation design.
I mentioned those proffer updates. The applicant has provided new proffers as of Monday, yesterday,
which include a proffer to provide tier 4 generators. They have limited the hours of generator testing
from 9 AM to 7 PM. They have proffered to providing bird friendly windows. They have proffered a
$40,000 contribution to the Town's tree canopy fund in the event that the Village Walk community
does not agree to the landscaping that the applicant is offering to provide. They are studying tonal
volumes associated with the proposed equipment.
I need about 30 more seconds. The applicant has also eliminated several of the previous precedent
images for the substation screening wall. With that, we are again providing you with a rezoning
recommendation of approval. We do have a draft motion here for you, and I'm happy to take any
questions that you might have.
Mayor Burk: Thank you. Does anyone have questions for Mr. Klusek? Not at this ---- yes?
Council Member Bagdasarian: We have time to ask questions after?
Mayor Burk: Yes. You can ask them now if you want.
Council Member Bagdasarian: I've got a whole list.
Mayor Burk: Okay. All right.
Rich Klusek: Can't wait.
Mayor Burk: Okay. All right. Then that will take us to our next presentation.
Molly Novotny: Wonderful. Can I get 15 minutes if possible? I see. Great. Perfect. I'll just wait until
my presentation gets pulled up on the screen. Great. Wonderful. Thank you. My name is Molly
Novotny, and I am an Urban Planner at Cooley, and I am very pleased to be before you all tonight to
talk about the data center application and Land Bays D & E. I start, I just want to say that in my 15
years of presenting land -use cases to this Council, I have never had an applicant be more responsive
or collaborative throughout the process in terms of meeting every ask and expectation of your staff
and your Planning Commission, which we are very proud to say we have earned recommendations of
approval from both of those bodies.
This image is important because it sets the tone for the entire project, and it really identifies why this
land is planned and zoned for industrial uses. It's immediately adjacent to the Luckstone Rock Quarry.
Additionally, you have those overhead transmission lines on the western side of the property. This is a
drone shot taken looking south. Crosstrail Boulevard is on the right side of the image, and that's
where you really see the 500 kilovolt and the 230 kilovolt transmission lines.
Route 7 is in the foreground. See the existing industrial self -storage facility and the rock quarry in the
back. That grass parcel is where we proposed the data center to be built. A little bit of history on the
site. Back in 2005, when the Town updated its Town Plan, it designated the property here for that
business industrial designation. It was the same time that the Village at Leesburg rezoning was
approved, at which it rezoned the land on the west side of Crosstrail Boulevard for that mix of
commercial and residential uses and retained the industrial commercial use on the east side on this
property.
In 2010, when the Town updated its Town Plan again, it continued to retain that business industrial
designation. Just recently with Legacy Leesburg, this Council and Planning Commission retained that
designation. As Rich noted, I was before the Planning Commission and Council asking for a Town
Plan amendment at that time, asking this property to be re -planned for residential and this Council
and staff said, "No, Molly, this is important to leave this property commercial and industrial," and that
is exactly why we're here before you tonight. The property consists of two parcels, one on the north
side. This is where the substation is proposed. It would be limited to the purple area, that's the
building envelope. Then the parcel on the south side is where the single data center building would
go. It would be limited again to that purple area. This is a view just looking toward the east so you can
14[February 27, 2024
see where the data center would be developed.
Working with the Planning Commission, we prepared several sections to identify what the view would
be like from adjacent properties once this data center is developed. The first section is taken from the
exit ramp at Crosstrail and Route 7. It's 1,100 linear feet away, the data center is, which is essentially
three football fields, additionally at the 50 foot grade change so the data center would sit 50 feet
below that off ramp. In between the off ramp and the data center, you have those overhead power
lines, both sets. You've got the 120 feet right of way of Crosstrail Boulevard. You've got the Self -
Storage facility and Russell Branch Parkway.
The image in the bottom is a photo that we took at the site and then we had our renderers prepare
exactly what the view would look like. You can see a brick wall that's the substation wall in the data
center in the background. Then we prepared another section from the Village Walk community.
There's about 10 townhomes that front on Crosstrail Boulevard. Those are our closest neighbors. We
wanted to see what their vision and what their view would be. They are about 700 linear feet away,
two football fields.
Again, they've got Crosstrail Boulevard. They've got those overhead lines that exist today before they
get to the data center. There's about a 9 foot grade change. We're about 9 feet lower than theirs, our
building will benefit from the topography change. Additionally, you can see we've preserved 20 foot
tree buffer. There are some mature trees on the site today and we have proffered that we would
preserve a minimum of 20 foot depth to help screen their view.
What would that view look like? This is at street level and this is one of our renderings shown from the
Village Walk community looking to the east. Landscaping and screening your data center ordinance is
incredibly detailed with the landscaping and screening. In fact, it requires a 6 foot tall berm and 50
foot depth of plantings. It is 30 trees and 50 shrubs every 100 linear feet. Everywhere in purple, you
will see that landscaping buffer.
Additionally, we have worked very closely with Dominion and we have proffered to install plantings
within their overhead easement. Dominion has an approved planting list. The plantings that you see
here are on that list, and we have proffered that with their approval. We will install both the berm and
plantings within that yellow area, which is a vast improvement from what you see here today, which
there are no plantings underneath that easement.
Then we went offsite and we said, "What's the view from the property to our west from the Village
Walk community?" You can see there's very nominal planting there today. Those residents when they
walk out their front door, they're right on Crosstrail Boulevard without any sort of screening. With their
permission, we have agreed to install a berm and landscaping on their property. This is wholly an
offsite commitment. This is purely to the benefit of those 10 neighbors who own those townhomes
there. This is not a zoning requirement. This is something that this applicant has done to improve the
situation for them.
When you put it all together, what does that landscaping look like? It changes the shape and the tone
of this property significantly. You've got the landscaping and the trees on the Village Walk property.
We've proffered to install trees along the median of Crosstrail Boulevard. There are trees on the north
side today but there aren't any in this section of Crosstrail. Then we've also got all the plantings under
the easement.
Building architecture. Your data center ordinance, which this Council approved just in the fall, included
very, very stringent building design requirements. Our project exceeds those requirements, and so we
have committed to these proffered precedent images and your Zoning Administrator will judge
whatever building we do put forward against these to make sure that we are in conformance with
these images and your data center standards. Looking at the building Eastbound, what the view
would be along Russell Branch Parkway, and then for those traveling westbound, headed toward
Wegmans what the view would be.
We also spent a fair bit of time talking about the substation wall. All of these precedent images are
included in our proffers and we have worked with Dominion to have them review our proffer to get
commitment that these are walls that they would be able to construct at the property, but again, that
15IFebruary 27, 2024
wall is really going to be screened by those plantings that your ordinance requires and that we have
proffered too. Five, seven years after those plants and berm are installed, you won't even see the
wall. This image is obviously something you're only going to see from the airplane and why I have
included it here is because it shows how that substation is heavily screened with landscaping. It also
shows how we have pushed that substation as far east as possible on the site. We were able to do
this in part by committing to a gas insulated substation, which is a GIS substation, which has a
smaller footprint and is a quieter substation. This was a request by the Planning Commission and is a
significant commitment to the project.
Land use considerations. Sound studies. Sound has been an integral question about this application
from the beginning. We held a community meeting with the Village Walk neighborhood before we
went to the Planning Commission and sound was something that they raised. We, in our November
proffers had committed that even though we're an industrial property and the ordinance would allow
us to emit DBA at a level of 70, we'd committed at that time to not exceed 55 DBA, which is what a
residential property could commit to.
Since then, the Planning Commission had asked us to study the tonal hum that could be emitted from
a data center. We have said if a tonal noise is detected we will further reduce our overall DPA and
commit to a 50 DBA at their property line. Now, we have modeled the equipment we have modeled
equipment and it shows there is no tonal hum. We also have a proffer that says, "Prior to at building
permit, we will do another sound study, we'll do another modeling with the proposed equipment to
verify if there is any tonal hum. If so, we have this proffered commitment that we would have to further
reduce the DBA."
As I mentioned we have done sound studies already. What you see here, the blue lines, that's the
noise that's out at the property today independent of our use. You can see that throughout this five-
day period it ranged from 45 to north of 60 DBA. What in the orange line is our typical cooling
operation. When the data center is running, that's our typical operation. The DBA from that data
center is less than 45. If we're running at maximum capacity, it does peak up, but it's still below 50
DBA, so we are not going to be a loud noise emitter or generator at the site.
Amy was here earlier and spoke about water capacity. These numbers are from her as she said the
Town has 12.5 million gallons of capacity, 8.7 million gallons of available water every single day. On
our busiest or on our highest usage day, which would be in July when it's very, very hot, we would use
just 2% of your available capacity. What's important on this slide here is it shows our 10 highest water
usage days. It's a fluctuation of nearly 100,000 gallons so we are not using that maximum very much
at all.
The annual property taxes you just heard with the Microsoft with you guys bringing Microsoft and the
significant benefit to your tax base, this property alone will generate $2.2 million in taxes at full build -
out. What does that mean? It's 132 times increased revenue from what that property generates today.
It's 2 cents on your tax rate from this property alone. As I noted at the start of my presentation, the
staff had recommended approval of our application back in November. We then spent four meetings
with the Planning Commission. We were here for over 10 hours. They did significant work in a very
deep dive into the application and as a result we have committed to all of these additional things
within our proffers.
Importantly that GIS substation, there's additional noise limitations and that significant landscaping
that we've added, but since then, we've had conversations with you all and feedback from the
Planning Commission and at Vice Mayor Steinberg's request for us to be the high watermark for data
centers and to be the best of the best if we want to be in Leesburg, we have committed to these tier 4
generators. This was a commitment that is very beneficial to the environment. It is very costly but we
have made that commitment in the proffers.
Councilman Cimino -Johnson had said, "Hey, Molly, you got Leesburg is Tree City USA. What are you
doing for landscaping and trees?" We showed all of the landscaping we were doing but we said, "If
Village Walk says no, says they don't want the landscaping, we will transfer that money, and we will
commit $40,000 to your Town's tree canopy fund." Then Councilman Bagdasarian and you and others
asked about the tonal component, so we've done that additional modeling of our equipment as well as
made additional proffer commitments to consider that in future studies as well.
161February 27, 2024
Then, finally, Mayor Burk, you asked about the bird -friendly building design elements and those
substation walls and we have made those further commitments as well. With all of that, I stand here
very proud of this application and the work this applicant has done with your staff, your Planning
Commission and we respectfully request your support of the application. Thank you.
Mayor Burk: Thank you. Are there any questions at this point? Mr. Cummings?
Council Member Cummings: Thank you. I had a few questions for staff. You touched on some of
this, but I just wanted to try to get a little bit more information. How long has this, the applicant's
property, been zoned industrial?
Rich Klusek: For much longer than I can remember. I'm going to have to find-- Boy, how do I say this
without getting myself in trouble? I need somebody that has more experience.
[laughter]
Brian Boucher: It's been zoned industrial since at least 1990, and I believe even before that.
Council Member Cummings: Not that any of us were here in 1990, but what's some of the
reasoning that this property would be zoned industrial?
Brian Boucher: I can say that the entire Village at Leesburg property was once zoned industrial, and
at the time I think there was an intent that some land would be retained for industrial purposes at that
time.
Council Member Cummings: Then you mentioned some applications. Can you just give me a quick,
what were the applications recently that came from this property that came in front of either the
Planning Commission or Council or to the Town?
Rich Klusek: For this particular property you're referring to?
Council Member Cummings: Yes.
Rich Klusek: Back when we were working on the Eastern Gateway District Small Area Plan is some
of the most recent ones where the applicant petitioned the Town to change the designation for the
property to residential. That Eastern Gateway District Small Area Plan was before the Planning
Commission, and there were several meetings where the applicant attended and petitioned the
Planning Commission to do so. It also then came before the Town Council.
Ultimately, both bodies agreed that the land should be retained for industrial uses. Later on, we were
working on Legacy Leesburg, and again, the applicant made those same requests. Finally, the
applicant actually put in a formal land use application for a Town Plan amendment about two years
ago, just prior to receiving this application, where they received-- It didn't actually go forward. They
withdrew their application but they were receiving some pretty negative feedback from both staff and
the Planning Commission early on.
Council Member Cummings: Thank you. Then can we mark the applicant staff as well? I just have a
couple questions for the applicant. Because you flipped through them very quickly, can you go back
and show me and tell me again the setbacks from the data center to the residences?
Molly Novotny: I don't know. If you could pull it up for him, that would be great.
Council Member Cummings: Thank you.
Molly Novotny: It's 700 linear feet across Crosstrail Boulevard from the nearest resident and 1,100
linear feet from the off -ramp of Route 7 and Crosstrail.
Council Member Cummings: The substation is how far from the residences as well?
171February 27, 2024
Molly Novotny: Let me measure that, but it's more than 700.
Council Member Cummings: That's fine. If it's somewhere between 700 and 1,100?
Molly Novotny: Yes.
Council Member Cummings: Do you happen to have a sense of the anticipated electric usage at
this data center?
Molly Novotny: The substation that would be proposed at this data center is a 300 -megawatt
substation. We would need 54 megawatts from it.
Council Member Cummings: Fifty-four? That's a number. Is there any number that you-- Is there
any average in Loudoun County what data centers of this size use typically or larger? Anything to give
us a sense of what 54 megawatts means?
John Brand: It's consistent.
Molly Novotny: It's consistent with other data centers in Loudoun County in terms of a single
building.
Mayor Burk: Someone needs to speak to the mic if they're going to --
Molly Novotny: For sure. John Brand.
John Brand: On behalf of the applicant, John Brand. This size, though, that's gross load, 54
megawatts. That's about average. They're getting larger and larger as load demands have increased
and the densifications of the data centers are getting greater, but this is pretty middle of the fairway, I
guess I'd say.
Council Member Cummings: Where are we getting our energy for this data center? Are we putting
new lines in? Are there existing lines?
Molly Novotny: That's a great question. There are existing lines. This picture shows it, so this is a
perfect site for a data center and for our substation because the lines are there today, it would drop
down from those existing lines to serve the new substation, so you do not need any new transmission
lines.
Council Member Cummings: Thank you.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: I just want to clarify, we will have additional comments after public
input, correct?
Mayor Burk: You'll have additional comments?
Council Member Bagdasarian: I'd like to hear the public input.
Mayor Burk: Yes.
Council Member Bagdasarian: While you're here, Molly, can you please clarify the existing trees
that are behind the power lines, will those remain or will those be removed?
Molly Novotny: Sure. The ones that are closest to the rock quarry that run along the top of the site,
the top of the picture, those will stay. The ones directly behind the power lines-- I think I can draw on
this somehow. Oh, I don't know if I can. I draw on the house. Anyway, the ones that are closest to the
power lines, there's a 20 -foot tree buffer that we have proffered to along the top, that entire north to
south stretch.
181February 27, 2024
Council Member Bagdasarian: Great. Then the tonal volumes, which you did address, and I will
have some additional questions later, but why can't the study be done now? Are there other data
centers that have a similar type footprint and infrastructure that can be measured today?
Molly Novotny: We did a modeling study today. We did that already. We did that last week, and with
the equipment that we modeled, it showed they would not emit a tonal hum, but we've committed in
the proffer is that at building permit, when we actually have selected the actual equipment and we
have our user, we'll do another study to be able to establish if there is one.
Council Member Bagdasarian: If there is one, what methods can you reduce the DBA, the actual?
Molly Novotny: There's different screening and sound absorbing equipment that we can use, but we
have made that proffer commitment to drop the DBA by an additional five at the residences at Village
Walk.
Council Member Bagdasarian: Thank you.
Mayor Burk: Anyone else at this point? I do have to follow up with that question then. If it turns out
that there is a tonal hum going on, there's no way to get rid of it entirely?
Molly Novotny: There are ways to sound mitigate it, but there is-- As I noted, we've found equipment
and modeled that equipment already that shows no tonal hum, and so our anticipation is we would
model similar equipment at time of building permit, but if not, we have reduced the overall noise
volume.
Mayor Burk: You have equipment that doesn't have the tonal hum?
Molly Novotny: Correct.
Mayor Burk: That hopefully is what you're going to be using. Hopefully, correctly? That would save
you a lot of grief.
Molly Novotny: That would, understood.
Mayor Burk: Anyone else have any questions at this point? Thank you very much. Now we will open
it up to the public and our first speaker. I'm going to let Lisa go first since she signed up on the
petitioner section. Lisa Nirell? We have three minutes.
Lisa Nirell: Good evening, Madam Mayor and Council. I'm Lisa Nirell. It's Lisa, L -I -S -A N -I -R -E -L -L.
Mayor Burk: Thank you.
Lisa Nirell: I'm a townhome owner in Village Walk, and I stand in solidarity with our HOA, and I
strongly oppose your approving this data center. Imagine there are over 150 of us living in that area. I
am most concerned about some of the reports I've already studied from Gainesville, Virginia,
Warrington, Virginia, Manassas, Virginia, and even as far as Chandler, Arizona, where there are
health problems and adverse impact, which Rich used in his earlier presentation on human lives in
many ways. Insomnia, tonal hums, which cannot be studied nor assessed through modeling, and in
addition, higher decibels of sound at night.
People in these neighborhoods have reported these conditions. You are currently being asked to vote
without ample independent research. The studies you're hearing about were paid by the developers,
so think about that, my friends. Here are a couple of ideas and steps that you might consider taking.
First of all, they just announced that the Board of Supervisors is currently overhauling County data
center development rules, and one Commissioner, Supervisor, Laura TeKrony, estimates we need 30
more substations just in eastern Loudoun County. That's one thing, is team up and work together.
Number two is refuse any data center developments until you have ample independent reports that
show water consumption and the health impact of those low-level sounds as well as the burden on
19IFebruary 27, 2024
taxpayers and on power and water. I know you have a lot on your plate, you have a lot to discuss. I
will leave you with this. If you feel pressured to approve based on almighty higher tax dollars at the
expense of upholding the Leesburg Legacy, take a pause, then ask your children and your young
friends how they might feel living next door to a deafening and power-hungry data center. Thank you,
all.
Mayor Burk: Thank you, Ms. Nirell. Our next speaker is Chuck Banks, followed by Michael Gage.
Charles Banks: Hello. Good evening. My name is Charles Banks. I'm at 1812 Yellow Garnet Terrace
in Leesburg. I'm a HOA Board Member for Village Walk, which I also think of us as the forgotten
Village in Leesburg. I spoke at the Planning Commission hearing, and I wanted to reinforce a couple
of points that I made there. First, despite at that hearing Commissioner McAfee suggesting afterwards
that we were a bit uninformed about the current zoning, we are well aware that it's 1-1. We know what
that is, and we know it's industrial. We were told, "Well, if we don't take advantage of this, that
perhaps somebody might build a hotel, and they might have a noisy party on top of it."
We'll take anything that's on that list of approved uses for that plot of land over a data center. We're
not ignorant of that. Second, I'm still getting over some of the surprises from the last two hearings on
this that I've attended. I was surprised to learn that the data centers were exempt from the Leesburg
Gateway Plan. I really didn't get that. That's like having your 20 -mile -an -hour speed limit here in
historic Leesburg, but have dump trucks be exempt from it. I don't think data centers belong along the
gateway area. Maybe they're exempt because you know that you just can't pretty these things up.
I was also surprised to hear the Vice Mayor's comment, and I read it in Loudon now also about the
industry in the area, but it's about the money, and it's a lot of money, and I appreciate your e-mail to
me to clarify that, but that still seems to be the dynamic on why to do this. This Town's been fiscally
responsible, and services have been provided just fine before the data centers sprung up. We've
done quite well, and my hunch is we will continue to be solvent without them.
I don't know what you think all that money's going to do for us. I lived in Ashburn for 20 years before I
moved to Leesburg five years ago. I didn't see one single benefit from all that money. All I saw was
the eyesore of those big, ugly buildings lining every gateway into Town. Here in Leesburg now we're
behaving like some derelict coal -mining Town, dependent on the opioids of data centers, and I'm sure
you've been watching Loudoun County, the Board of Supervisors, struggling now that they realize
they've gotten themselves hooked also, and they're wringing their hands trying to resist the rush of
another 100 -acre data center on Belmont Ridge Road.
It looks like you're also struggling with a little bit of this already with Microsoft coming back and
revisiting. You don't have to be like the County Board, you don't have to head down the same path, be
better. The constituents and the citizens don't want this data center on Crosstrail. It's not about the
money. It's about the citizens. It's a lot of citizens and a couple of hundred of us in this forgotten
village, and how you vote on this now is how it's going to influence how we vote in the fall as well.
Good luck.
Mayor Burk: Thank you, Mr. Banks. Michael Gage followed by Michael Newton.
Michael Gage: Good evening. I'm Michael Gage, M -I -C -H -A -E -L G -A -G -E.
Mayor Burk: Thank you.
Michael Gage: I'm a resident at 1704 River Sandstone Terrace in the townhouses. I'm here tonight to
just discuss some concerns. I was at the Planning Commission meeting and it raised some issues in
my mind. I'm a certified general appraiser and certified in Virginia and Connecticut. My appraisal
background, finance background, and risk management background.
One of the issues that was raised is a lot of uses studied. We saw it here tonight. We have excess
capacity. What's that excess capacity been built for? Residential and commercial property, not data
centers. There's a question in my mind when I read the ordinance for emergency water supply in a
drought condition. Your ordinance doesn't address the use of water by the data centers. It restricts
water use to the citizens, but it doesn't address. I wish this Council would look at that ordinance to see
20IFebruary 27, 2024
what happens if there's a drought situation with the Potomac and the Washington watershed.
The second issue is tax revenue. Everybody likes the revenue but most of that's coming from the
personal property equipment in these data centers. As an appraiser, I know there's different
depreciation rates, assessment rates assigned to these. This revenue stream will stream downward
as time goes on and may be eliminated as technology advances go on. I strongly urge you to take a
hard look at that data stream because it can be affected by depreciation, new technology, and other
external factors. Sometimes you count your chickens before the eggs are hatched.
Infrastructure cost and utility cost rates. I'm concerned about the infrastructure cost for this data
center for water and electrical and sewer and how much of that will end up in our rates. Electrical 500
KV lines, how many do you want in the Town? It could pose external depreciation and real estate
values that are near these lines and less assessed values and revenue.
Leesburg Legacy. The bottom.line here is in this document is ensuring that we are good stewards of
the environment and natural resources of the Town. Potential growth should protect and enhance the
quality and character of existing residential neighborhoods. If everybody hasn't read Life After Google
by George Gilder they should. We're living it right today. We're one of the wealthiest counties in the
US. Highest real estate values and I'm sure just as Chuck Banks described, we've done very well in
providing for what this community needs. I think there may be alternatives to a data center, thank you.
Mayor Burk: Thank you, Mr. Gage. Michael Newton followed by Amy Newtown.
Michael Newton: Hi, thank you. I'm Michael Newton, M -I -C -H -A -E -L N -E -W -T -O -N. I'm a resident of
the community of Village Walk and I am opposed to this data center. I'm going to share a quick story
with you. We moved from out of state to Leesburg almost seven years ago. Our primary reason for
moving here was because I needed to be at my company headquarters in Maryland, that's right
Maryland.
Why on earth did we choose Leesburg? We looked throughout the DC area in Northern Virginia and
we quickly settled upon Leesburg for a couple of reasons. Number one, I had some family here and I
already had some familiarity with it. Something that they always said kind of stuck with me. It was my
brother, he said, "Leesburg is a very different type of place. The Town is run a little different than what
you've seen in general. It seems that specifically, they're very particular in maintaining the sense of
place that you have in Leesburg in ensuring that the residents have a high quality of life." That really
stuck with me and then 2017, here I am.
Over the years I've always felt pretty protected here, especially as I've witnessed the growth in the
surrounding area. One thing in particular that always stuck out when we were driving around and
exploring, especially along 28 were these gigantic, monolithic faceless buildings that we were
wondering, "What the heck are these things? They don't look like company headquarters. They don't
have signs on them. They don't have windows. They don't have really anything." Of course, we
figured out those are data centers and we saw more and more popping up here and there all over the
place along 28 and even deeper as we would go especially into Ashburn.
Of course, we had realized that the County government had made some policy changes over the
years. That basically allowed the unfettered development of these data centers throughout the County
and was quick to grant any zoning amendments when data centers wanted to be built. I recall going to
one of the County Supervisor meetings and being actually told by a County Supervisor that the
residents cost the County money, data centers make money, so it's an easy equation for us, but I'm
kind of naive. I'm just a citizen. I didn't realize that the County was in the business of making money. I
thought that they were there to serve their citizens.
Anyway, time passes, and of course now we're in the middle of what has been wrought. Data centers
are going up all over the County. They're coming up along Route 7, which is an issue of course, and
now we see that the County government is kind of walking back what they have agreed to before,
including changing zoning in their own neighborhoods because they don't want them. Anyway, I see
I'm running out of time but I just want to stop. I will want to finish by saying, don't compromise your
constituencies' quality of life.
211February 27, 2024
Mayor Burk: Thank you, sir. Your time is up. Thank you.
Michael Newton: Thank you.
Mayor Burk: We get to Amy Newton is followed by Jeffery Maged who is followed by Gem Bingol.
Amy Newton: Hello, I'm Amy Newton, A -M -Y N -E -W -T -O -N, resident of the Town of Leesburg in
Village Walk community. I'm here today to request that you do not approve the zoning proffer
amendment for land nays D and E. The core principle on why this proffer amendment should not be
approved boils down to one very specific line in the Town's Legacy Leesburg Plan and the guiding
principle two section, dollars and cents, business and the economy.
The Legacy Leesburg Town Plan includes specific policy guidance as it relates to data centers.
Strategy 2.3.4 recognizes significant revenues associated with data centers. On page 118 states,
"The Town will support data centers within its areas to transform or evolve or they will not have an
adverse impact on local residents." If Town Council watched the webcast or read the minutes and
transcripts of Planning Commission 's work sessions and public hearings regarding this proper
amendment, they would have seen time and time again, residents coming to these meetings and
presenting information on how this amendment would allow a data center and substation would have
an adverse impact on their lives.
November 2nd public hearing, local residents presented their concerns about the compatibility with the
Town Plan, noise and vibration, i.e. low frequency noise, environmental impacts, health hazards,
quality of life issues and compatibility with and proximity to existing residential communities.
December 7th work session, local residents presented their concerns about environmental impacts
and increased use of natural resources, noise, taxpayer impacts and better suited locations, i.e. not
next to a residential community.
February 1st public hearing, local residents expressed their concerns about noise and low frequency
noise, sound pollution, potential water pollution, negative impact on quality of life, negative impacts on
the health, safety and welfare of residents, potential negative financial impacts on residents such as
decreased property values and impacts on water bills and electric bills as well as many more
concerns. These concerns were from the meetings. I'm sure Town Council has also received
countless emails from residents too.
I ask that Town Council not be taken in by the thought that this location is ideal because it's next to a
quarry. Please remember that Town of Leesburg residents who live next to these land bays, this
proffer amendment for a proposed data center would be across the street from our homes. If this were
truly the ideal location because it is next to a quarry, why are so many residents expressing their
concern about these adverse impacts?
You should stand by the policy guidance you have set forth that includes the specific line that Town
will support data centers within its areas to transform or evolve where they will not have an adverse
impact on local residents. If you vote to approve the zoning proffer amendment after hearing all these
reasons from local residents of how this will adversely impact them, I hate to say it, but it is proof that
this specific line of policy guidance in the Legacy Leesburg Town Plan as it relates to data centers is
simply not true and therefore begs the questions, what else in the Plan is fiction?
I respectfully ask that you do not approve this zoning proffer amendment for the land bays D & E.
Thank you for your time.
Mayor Burk: Thank you. Jeffrey Maged, followed by Gem Bingol. Do you want this? Good evening
Dr. Maged.
Jeffrey Maged: [crosstalk] Good evening, Madam Mayor and Town Council. My name is Dr. Jeffrey
Maged, M -A -G -E -D. I live in the Village Walk neighborhood. I first came to Leesburg in 1988 and was
elected to the first elected School Board representing the Leesburg District when Madam Burk was on
the Loudoun Education Association President. I'm a physician and a certified planner and I'm on my
third term for the Loudoun Other Employee Benefits Board, OPEB, which is a pension plan for
Loudoun County employees. I'm here tonight to provide my input on the data center that is being
22IFebruary 27, 2024
considered in the front yard of my neighborhood.
Personally, I believe a lot of people in this room know this is a bad idea. It's just a matter of whether or
not we can find the justifications to justify the approval. For example, the Planning Commissioner
Candice Tuck said, "I can't imagine what it's like to have to be the folks who have to live next to it,"
meaning the proposed data center and substation, yet she voted to recommend it. Commissioner
Barnes correctly said, "The citizens don't want it and I support the citizens." He voted no. Vice Chair
Commissioner Campbell referred to "Making a decision without the aftereffects and costs being
measured through new economics which is the counting of the revenue with no evaluation as the
cost."
The motion included a long list of information items that they needed to make an informed decision
that they did not have. Therefore, this never should have been recommended by the Town, to the
Town Council for approval in the first place. They basically hid behind the transparent justification that
the devil we know, this data center, is better than the by right development. We disagree. We would
gladly have a hotel or office building in this location as the traffic and minimal noise are confined to
certain hours, not 24 hours a day, seven days a week, 365 days a year. I own a condo in Fox Creek
since 1998, which is within 100 feet of the Comfort Inn, just south of Route 7 and only on one
occasion did I ever hear any noise. It was a party that was squashed at the Town noise ordinance,
and when it went away. One Commissioner said he read dozens of emails, and I convinced her that
not one said yes. Please put a data center across the street from my house so I could be kept up at
night by low -frequency sound wave and pay more for water and electricity so the Town can receive $2
million a year.
We recognize the potential benefits. It's just not in the right place. Compass Creek is the right place
for these things, not across the street from residents. We the people are the constituents that you
were sworn to serve and protect. We're not subjects. Therefore, I implore you to disapprove this.
Make no mistake, the upcoming election in November will be a referendum on data centers in
Leesburg as we've already heard the rumblings. Thank you.
Mayor Burk: Thank you, Dr. Maged. Gem Bingol?
[applause]
Mayor Burk: Would you mind pulling down the microphone? [chuckles]
Gem Bingol: Yes, I'd be glad to. I'm so used to that. My name is Gem Bingol, B -I -N -G -O -L. I live in
Leesburg, and I'm here representing the Piedmont Environmental Council. We have been following
the data center industry -
Mayor Burk: Oh, thank you.
Gem Bingol: -generated energy crisis for some time. The more we learn, the more concerned we are
about where we stand. I think that this is an important consideration for you as you consider this
particular data center application and every other one that might follow. For too long, the electricity
demand that data center applicants foresee haven't been shared during the application process.
That means that elected bodies have been making, decisions without essential data to guide them,
and what's happened is that because of local approvals, now we have a problem at the local and
State and even regional level relative to the where are we going to get the energy to supply this
industry, particularly Northern Virginia. What we are seeing is that we have to have new power lines.
Now, you say, "Well, wait a minute, wait a minute, they're right under the power lines, so they've got
the power." Well, yes, they have to provide the power. Dominion Energy has to provide the power and
the power line is there. No arguing that.
However, there's so much demand that every request or every approval means that supply is being
pulled in more directions. What you have is, we've reached a critical point in time, but Dominion
cannot provide power to everybody who's asking. Yes, there's a congestion problem in Eastern
Loudoun, and we need more transmission lines to supply them, but I'm going to stop there because I
think that that's an important piece of the decision that you should be considering.
23IFebruary 27, 2024
In addition to that, what I'd like to suggest is that, given that problem, that you, if you're going to
approve this, which we would not recommend that you do, at this point in time we're saying that no
data center approval that you can make should be made because of this energy crisis. However, it's
not dear what you're going to do. The applicant does seem to have done quite a bit to try to meet all
the questions or concerns that have been raised. What I would suggest is a couple of things that the
noise proffer absolutely say that it will mitigate whatever it is in terms of a problem, not just reduce it
but totally [beep] mitigate it. May I finish?
Mayor Burk: Ms. Bingol, we really need to --
Gem Bingol: Just a half a minute?
Mayor Burk: A half a minute and that's it.
Gem Bingol: Thank you. I would encourage you to consider requesting fully enclosed substation.
There are lots of substations out there. You might not know it in urban settings where the building fully
encloses the substation, so please consider these things as you make your decision. Thank you.
Mayor Burk: Thank you very much. We have Lily Wong, followed by Gina Anders.
Lily Wong: Hello. I'm Lily Wong, L -I -L -Y W -O -N -G. Quality of life is at the core of our opposition for
this data center proposal adjacent to our community. The Leesburg site states that we are a place to
discover the sense of community that we've been missing and as residents we have the opportunity to
make it the best place to be. As I've summarized in the email that I've sent to you yesterday, Virginia
residential communities have been negatively impacted with data centers a further distance than the
distance to our community. Numerous examples of the battles that these communities have had to
fight after the fact, not before.
The Planning Commission transcripts, please review them. You'll see our concerns not only on water,
but all the natural resources and how the costs will be passed along to the Town residents. This is on
top of the recent rate increase. At the State level, there are a number of bills trying to better regulate
the development of data centers within Virginia. Looking at resource impact adjacencies to historical,
agricultural, and residential property. Land Bay E is adjacent to the Tuscarora Creek, which flows into
the Potomac. I think you guys all know that. It's also within a half mile of the Keep Loudoun Beautiful
Park with the Goose Creek River designated by the State as a scenic river.
Please consider a different location. A component of the data center pollution that I shared in the last
planning meeting is acid rain. The diesel exhaust contributes to ground level acid rain that is
documented as hazardous to children and elderly. That is not the same as all the other options for this
particular property. It is adjacent to the Tuscarora Creek. The low hum emitted is a huge health
concern, not only for people, but for pets. Change in behavior can include fear and aggression in
animals.
As also the applicant stated in the previous meeting, when the diesel generators are running, they
won't comply with the Town ordinance for sound. Just FYI. It's like, "Officer, I was only speeding for a
minute." Please consider another location. The Town has sustainability strategies for our residents
and for government operations but none for businesses or data centers. How does this data center
help with Leesburg's environmental goals or contribute to the County or the State initiatives? We're
going backwards, not forwards.
Prior to your decision, as my neighbors have said, please review these water studies. Please look at
these natural resources that are going to be required [beep] before you make your decision.
Mayor Burk: Thank you. Thank you very much.
Lily Wong: Thank you.
Mayor Burk: Appreciate you coming today. Gina Anders?
Gina Anders: Good evening. I'm Gina Anders. That's Gina, G -I -N -A, Anders, A -N -D -E -R -S. I too am
24IFebruary 27, 2024
a resident of the Village Walk community. I'm here with my neighbors. I had prepared some stuff to
talk about, raising all the same concerns as everybody else has. I could talk about, the detrimental
impact on the environment, on our quality of life, on our property values. These are all real impacts
that we, the regular old residents of the Town of Leesburg, will have to face if you vote to allow this
data center, but there's really only one inquiry that should matter here.
We, the people of the Town of Leesburg, your constituents, don't want this data center. That should
end the inquiry. You represent us. Your job is to effectuate the wishes and interests of the residents of
this Town. I'm here to tell you that if you fail to do that, if you choose not to do that, we will all
remember this. You are all, not all of you, four of you, are up for re-election just next year. I demand a
roll call vote on this issue because we, the people, want to know how each of you individually are
going to vote on this issue so that we can organize, mobilize, and hold you accountable for that vote,
should you vote against our interests. Thank you.
[applause]
Mayor Burk: All right. Is there anybody in the audience that did not sign up that would like to have the
opportunity to speak at this point? Yes, sir.
Jose Galvez: Hello. Good evening. I'm Jose Galvez, J -O -S -E G -A -L -V -E -Z. I'm also a resident in the
Leesburg Village Walk community. I also want to express that I am completely against this
development, this change in the land use, for the same reasons that everybody has already
mentioned, the low rumblings that even on their presentation, they couldn't say that they could be
gone, and those are one of the biggest problems here.
I know they come and talk about, big numbers of $2.2 million but what will happen if as a result of this
data center we lose property value? There is now a decrease in revenue. There's also a decrease in
the fact that we have also a shopping center with apartments in front of our community who also may
not have enough residents if they don't want to have the rumblings, the noise, whatever is going on,
so it decreases, again, more of that same revenue coming to the Town.
Of course, the other thing that the data center could bring or any business brings is jobs. I don't know
if you guys have been to a data center, but there's four people in, a huge data center. Three of them,
it's security, and then one person that just is in charge of replugging a cable whenever somebody trips
on it. Even on that part of creating jobs is not even a great position to create something more for the
County.
Of course, there's the other problem of resources. We have talked about the problem with energy.
Also, the water consumption. There is a lot of water that is consumed here. Since it's used for cooling
the equipment, most of it evaporates. Last time I think I heard it was 30% or 40%. Sometimes it ends
up evaporating, especially during the warmer months. What will happen after a few years of this going
on? Are we going to have, a crisis in water at that point? Those are real concerns that are not only for
our community, but will support the whole Town. I just wanted to express that I'm completely against
this with my family and with all of our residents. Thank you so much.
Mayor Burk: Thank you. Is there anyone else in the audience that didn't sign up that would like to
have a chance to speak at this point? Yes, ma'am.
Christina Waldron: Good evening, Town Council. I'm Christina Waldron. I'm a resident of the Village
Walk, and I'm actually one of the townhomes that will be 700 feet away. I would like to just point out
that there is a proffer in place with several options that are already there that could be built that we as
a community would benefit from like an office that would provide jobs for our residents where we don't
have to commute 45 minutes plus to other jobs, or a hotel, which yes, it could make noise, it could
have a restaurant that we as a community could go to, an event space that we could hold our events
at, or when our family comes to visit, can stay at and be near us, all of those things.
A park, a commuter lot, everything on that list is something that would benefit our community. Even in
Rich's presentation, there was a part where it said the data center should only be placed there if it is
not adverse to the residents in the area. This is adverse. Clearly, a lot of people are against this. Most
people are only in support of this because they think it's going to be a residential, otherwise, it's data
25IFebruary 27, 2024
center or residential, but there's, as we've seen, other things that could be built at this location that
would be more beneficial.
As going through this research, there's not any health studies about what the effects of a data center
near us are because it's too new, so you're putting us at risk, and there are several families with very
small children in these homes that are 700 feet away. It doesn't take a lot to look at all these new
studies from the local counties nearby that are struggling with this.
The hum is tonal, but it's the low frequency that you can't hear through your ear that is going to affect
you health wise. Those are what some of the studies that our other residents have sent you has been
proven to have effects on children, pets, and humans just in general because you can't rest. You will
never be there, even if you can't hear it, your body hears it. It is on adrenaline and can't rest. Please, I
ask you to vote against this until you have better decisions, especially now that Compass Creek is
going to be part of it. That's $12 million, as you said, that will be a part of here. This is only $2 million.
That's a very small amount compared to what you just approved.
Please take that into consideration. Thank you.
Mayor Burk: Thank you. Is there anyone else in the audience that would like to speak that didn't have
the opportunity to sign up? Seeing nobody, I will now close the public hearing. Are there questions,
Mr. Bagdasarian?
Council Member Bagdasarian: I do have some questions and comments. I appreciate everyone
sharing your concerns today. It's an important issue and it is an emotional issue, and not just in
Leesburg, but all throughout Northern Virginia. I visit my folks who live out in Prince William County,
and every time I go visit them, their neighbors come over with no data center signs, and I ask, why?
What's the concern? One neighbor was a nuclear physicist, and he had this equipment. He said that
there's electromagnetic radiation coming from the data centers.
They went and tested, and there was nothing there. What's important is that we make decisions
based on facts and data. If someone made the comment earlier that this will have an adverse impact
on residents, that's obviously not acceptable. We need to be pragmatic and adhere to the vision and
guidelines established by the Town Plan.
We, as Council Members, are custodians of the Town Plan. Balancing property rights with the desires
of neighbors are something that we need to consider. I've been considering this application. I know
the Newtons have reached out with their concerns about specifically low frequency hum, and that's a
big deal. I want to make sure that is something that is addressed, and Molly addressed it earlier
today. I actually did a field trip today. I called it my listening tour. I drove out to Manassas to visit one
of the data centers that STACK recently completed to try to observe the audible essence myself. I
went to Ashburn, visited a couple other neighborhoods. In fact, I found one neighborhood that was
surrounded by three data centers, and one of the houses had data centers about 450 feet to 400 feet
from their house. I knocked on the doors, and I spoke to a few of the neighbors, and one of the
neighbors at that corner asked, "Hey, how long have you been living here?" "14 years." "Have you
had any impacts with the sounds from the data centers that are surrounding you?" He said the only
noise that he has encountered was from construction, when the data centers expanded, when they're
doing construction.
That was encouraging, and the other neighbor I spoke to, a similar sentiment. They did not have that
factor, and I do understand the concern with low tonal hum, and I understand that the generators and
the cooling, the chillers, are intended to mitigate that. That is a major factor. What's most important,
though, is ensuring that this does not have an adverse impact on residents. I'd like to make a decision
on this based on data. Where do we have data? Has there been studies in Northern Virginia? In
Loudoun County, we have 115 data centers plus. Do either of them have any sort of studies about the
negative impact on residents? I think that's an important thing to answer. I have two minutes. I have a
couple other questions. Somebody mentioned jobs. What sort of economic impact does a data center
like this have as far as job creation, as far as types of positions, compensation, et cetera?
Molly Novotny: Yes. At construction, once it's fully built, we'll have 20 to 30 employees on site at a
time. Those employees then generate about six additional jobs per employee, right, just for the overall
26IFebruary 27, 2024
network to support the data center. You're at 120 to 180 jobs that would be needed to support the
data center. Obviously, during construction, it's a significantly higher number of people, upwards in
the hundreds. The employees who are on site are making about $100,000 a year.
Council Member Bagdasarian: Great. Do we have any data or studies that- and I'm familiar with the
Chandler, Arizona. I did plenty of research on this as well, that really pinpoint and can demonstrate
the adverse- if there are adverse impacts to people living near data centers, and what the distance is
that would because such adverse impacts.
Molly Novotny: I haven't seen those studies. I've seen newspaper articles, right, that you may be
referring to, but I've seen no official studies.
Council Member Bagdasarian: Okay. As far as power, so just to verify, there's no need for
additional lines because of the existing infrastructure. Is that correct? Correct. Okay, good. Once
again, I mentioned the fact that, we're custodians of the Town Plan. Obviously, yes, we have to look
out for the best interests of the residents. We also need to adhere to the Town Plan. This area, prior
to a few weeks ago, it certainly looked like an ideal location for a data center being an industrial area,
clearly industrial. It's not really — we denied the rezoning for residential a few years ago because it's
really not inhabitable on a long-term basis. Obviously, there are things that we have to consider. my
number one concern is, the quantifying and qualifying if there is an adverse impact. Because I
understand, nobody wants a data center in their backyard. It's a given. I totally understand that. The
question is, what are the actual impacts to health, wellbeing? Those are some questions that I still
have that are not answered.
Molly Novotny: That's exactly why we've made some of those commitments to the Tier 4 generators.
One of the speakers spoke about environmental concerns. Those Tier 4 generators mitigate that
concern. That's why we've made those commitments to the landscaping, to improve the experience
for those residents. That's why we've made the commitment to the tonal hum to say that we will
mitigate the noise if there is. We have been in conformance with your Town Plan for mitigating when
you are adjacent to residential.
Council Member Bagdasarian: Thanks, Molly.
Mayor Burk: I'm sorry. Anyone else who has-- Vice Mayor?
Vice Mayor Steinberg: Yes. Is Amy still here? There she is. Question for Amy. I just want to verify, in
the event of a drought, the Town of Leesburg does not withhold water from residents and supply
commercial uses. Is that correct or not?
Amy Wyks: Correct. We have a water emergency supply plan and drought assessment plan. We
follow the Metropolitan Council of Governments related to the stages with the Potomac River. Part of
that plan is where we would evaluate it based on the status of the Potomac River and the basin,
based on what the Interstate Commission on the Potomac River basin, ICPRB and what MWCOG
has its part of that.
Vice Mayor Steinberg: In effect, all users are treated equally within our system?
Amy Wyks: Correct. We would need to look at the guidelines and what that looks like at the different
stages. Correct.
Vice Mayor Steinberg: Thanks. I appreciate all the comments. I know this is a difficult decision, and
not a popular one for those of you who are living next to the site where this data center may occur. I
would offer that unlike Loudoun County, Leesburg is doing, and has done things differently. If only the
County had devoted the same time and focus on detail that we have for this one data center, the
entire County would have been much better served than it is today now, admittedly, data centers were
somewhat sprung upon us because of where we are. Loudoun County is a desirable place. For those
of you who may or may not appreciate, the internet sprung up in this area, specifically in the Herndon
area, when UUNET was the addressing body for all of the internet.
We are, in effect, data center, no pun intended. The infrastructure we have here, the roadways, the
27IFebruary 27, 2024
educated workforce, the airport, all of it, the fiber optic, all of it, makes us desirable fortunately or
unfortunately. Fortunately or unfortunately, we all use these, and our computers and everything else,
and all of these things are requiring more and more data, and more and more capacity.
I'd like to correct something for the record because my comment sometimes get taken out of context.
When I said this conversation is about the money, and it's a lot of money, that's true. Admittedly, it
does represent a revenue plus for the Town. The money I was talking about was for the applicant, not
the Town. The whole idea was to demonstrate just how much revenue is involved in these buildings,
and it's a lot. Honestly, we don't know how much, but we knew we were in a position to negotiate for
more than I think the County was willing to. I believe the package we have gotten is the reflection of
that.
These Tier 4 generators are very expensive, I understand, at least I'm told by the applicant, they are,
and I have to take their word for that. This is what is required in the State of California for air quality.
You might appreciate that there are a few states unlike or similar to California, and the requirements
that they have. To Ms. Bingol's comment about enclosing the substation, she is correct. There are
substations that are fully enclosed, but they tend to be smaller in more urban areas, and all of the
power is run underground.
In this particular case, with this one substation, although we've done our best effort to encase it, and
the GIS, the gas insulated substation, it's a big step in making it a small as possible, but those wires
are directly overhead, and they will remain so. In coming straight down and not having to pull power
from other parts of the County, were that possible, we have no choice. The screening wall will
absolutely help to mitigate the visual impact of the substation. All of the landscaping and the efforts I
believe the applicant has made will certainly go a long way to mitigating the sound issue, I guess, is
maybe the great unknown. Let me ask the applicant very quickly. You're right next to a quarry. How
do you protect the equipment in the building from the low volume or low frequency detonation noise
that you're most certainly going to experience?
Molly Novotny: From the blasting of the quarry? Yes. Not necessarily the noise.
Vice Mayor Steinberg: Everything else. Rumbling trucks, all of it. It's all low frequency.
Molly Novotny: We have been in conversations with the quarry and we either have an agreement or
are very close to an agreement to work with them to have them reduce the overall volume of their
blasting. That would be an overall benefit for the entire community, not just this application.
Vice Mayor Steinberg: Okay. Well, thank you for that.
Molly Novotny: It's executed, the agreement with them.
Vice Mayor Steinberg: Very good. Okay. In closing, as the Planning Commission liaison to the
Council, I sat through all but one of their meetings. I'm aware of all the input. I think, honestly, the
Planning Commission and the staff working with the applicant have really refined this proposal. I
believe it's of a financial benefit to the Town. It's a necessary utility that we all require. It is in a
location that, of anywhere else in the Town, is probably the best it can be. I recognize that doesn't
necessarily assuage your thoughts about it. We have done, I believe, a lot of work in trying to make
this one data center the best it can be. Thank you.
Mayor Burk: Mr. Cummings?
Council Member Cummings: Thank you. I don't want to echo too many comments to keep folks
here longer. This is not an easy conversation. It's not an easy conversation because of the history of
here in Loudoun and the experience that we all have. It is not an easy conversation because this
affects residents. When I look at the land here, it's an industrial use around it. It's a quarry. It's a
concrete plant. There's 500 kV electric lines running above it. It's certainly not a hospitable place for a
home. This is at, we've done the Planning Commission 100 days. They've worked with the applicant.
The applicant has bent, has done what we've needed them to do to make this an application that we
can present to the public and vote on. Unfortunately, as a representative of the entire Town of
Leesburg, I will be supporting this application because I think it does benefit the entire Town, both
281February 27, 2024
financially and in using industrial land for industrial uses. Thank you.
Mayor Burk: Anyone else at this point? Ms. Nacy?
Council Member Nacy: I just never know when I'm supposed to make my comments about,
questions or comments about the vote. I, like...
Mayor Burk: You can do either, but it's comment time at this point.
Council Member Nacy: Okay. Thank you.
Mayor Burk: If anyone has questions, go ahead.
Council Member Nacy: I just want to say I do appreciate the hard work of staff, the Planning
Commission, the applicant, that has been done to get here tonight. We know that time is money to
even get to this point. It really is something to have an applicant who has listened to the Planning
Commission and to other Council Members on what they want and actually answered all of those
desires and followed through with them. I would say in my time on Council so far, I have never seen
that happen. We do, I do, appreciate and understand what it took to get there. That being said,
despite all of that, the concerns of our citizens outweigh anything else, and so I will not be able to
support this application tonight.
[applause]
Mayor Burk: I want to thank everybody for coming out. I know that this is a difficult, a difficult decision
for all of us to make. We, all of us- I think the majority of us anyway- have been doing the research on
this, have been reading what you've sent us, reading what other people have sent us. Not everyone is
opposed to data centers, much to my surprise. We have gotten some information from others. We
represent you, but we also represent everyone in the Town. You have every right after the vote if it
doesn't go your way to create opposition and do whatever you want. That's a democratic process that
is your right to do. That's a logical thing to do if you so desire. We have spent a great deal of time on
this project. I've gone to the site. I've stood on that hill. I've listened to the trucks driving by. That was
surprising to me how loud and disruptive those trucks are. I have talked to the applicant about what
we want and what we're looking for.
We are not the County and our data center that we're putting up there is not going to be like the
County. As a matter of fact, the County is looking at our standards to include in their new
considerations. We are not going to be an alley full of data centers that they have in the County.
That's not our intention at all. There are very few places that I would be comfortable putting a data
center there. This is one of them. It's next to a quarry. It's an overhead line. You've got the cement
facility there. The concern about the humming noise if the applicant does proffer that you will make
sure that it does not have that noise.
We have new technology. The technology is changing all the time and so if this data center does
create any noise, you can be sure that we are going to be there. We're going to be after you. We are
going to be requiring that you make changes. If it means taking out the equipment that you have, we
will do that. The things that the residents have brought to our attention, their concerns, we
understand, but we also have to keep in mind that we have to move forward. Leesburg can't stay the
way it was 20 years ago and with progress comes some pain. We're most certainly going to keep our
eyes on this. We're going to make sure that it gets --
You know I will. It's going to follow the rules that we have put in place and this is going to be
something that other data centers will come and look at. I actually have a Mayor coming from
Mississippi to come and meet to talk about this project because he has read about it and has been
impressed with what we have done with the standards and that's in two or three weeks. I hear your
concerns. I hate to disappoint you all, but I think at this point we have done our research, we've done
what we can and we're going to continue. It's not a done issue.
We're going to continue to make sure that this progresses and that in the end it's not going to be
disastrous for all of you. We do want to protect you and make sure that the oversight is not going to
29IFebruary 27, 2024
stop tonight, whatever the vote is. At that, if no one else has anything-- Oh, Mr. Cimino -Johnson. If
you'd like to make a motion.
Council Member Cimino -Johnson: Madam Mayor, I would like to make a motion. I move to approve
the proposed ordinance approving zoning application TLZM-2022-0010 Village at Leesburg Land
Bays D & E, including the concept plan revised through February 7th, 2024. The proffer is revised
through February 26th, 2024. Based on findings, the rezon ng 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.
Vice Mayor Steinberg: Second.
Mayor Burk: Okay. We have a motion moved by Dr. Cimino -Johnson, seconded by Vice Mayor
Martinez. Martinez. Oh, my gosh. Steinberg. Yes. Okay. All in favor of this motion indicate by saying,
"Aye."
Members: Aye.
Mayor Burk: Opposed?
Council Member Nacy: Nay.
Mayor Burk: All right. That passes 6-1. Thank you all for coming out, and that takes us to our next
public hearing. That is the public hearing for tax year 2024 Personal Property Tax Rates. I will call --
Chris Spera: You want to do the general --
Mayor Burk: That's the second one. I was going back to the first one.
Chris Spera: [inaudible]
Mayor Burk: I have it as two here, but all right. Public hearing authorizing the issue of general
obligation bonds. I call to order this February 27th, 2024 public hearing of the Leesburg Town Council.
Unless there was 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 in the hallway outside of the Council Chambers. If
you did not get the opportunity to sign up, we will give you the opportunity to speak. In the interest of
fairness, we also ask that you observe the five-minute time limit. The green light in front of you will
turn yellow at the end of four minutes and 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,
the Council will allow a spokesperson for group a few extra minutes. In that instance, we will ask
speakers when they sign up to indicate their status as spokesperson for the group and request
additional time. The procedure for the public hearing. First, there's a brief presentation by staff.
Second, members of the public that have signed up to speak will be given five minutes. Public hearing
on the agenda tonight is the Authorization of the Issue General Obligation Bonds.
Lisa Haley: Good evening, Madam Mayor, Members of Council. To the public watching online, I'm
Lisa Haley. I'm the Deputy Director and Treasurer for the Department of Finance and Administrative
Services and I'll be doing a brief presentation for the public hearing for the General Obligation Bond
Authorization. In support of the Town's CIP program, we are asking Council to approve the issuance
of general obligation bonds for our projects. Notable ones include Police station expansion and Town
Shop as examples. We are asking for approval for permanent financing of our current lines of credit
for both the general government and utility fund.
We are evaluating an opportunity to refinance our 2014 series general obligation issue that we
currently have. The plan of finance includes a not to exceed amount of $113 million for the projects for
301February 27, 2024
the two funds. We are issuing general obligation bonds under reviewed public credit. We are currently
in meetings with the rating agencies. This is our triple AAA rating that we will be getting evaluated for
and we have the lines of credit going to RFP. A little more of the specifics of the financing. We are
issuing 24.4 million of general obligation bonds and permanent credit.
Both funds are taking out the current lines of credit that we issued in 2018. They are coming due this
June so we need to take them permanent. The general government side will not be more than 14.2
million. The new line of credit on the general government side is 53 million and that's over three years.
The utility fund side 11.8 million we're taking permanent and 35.6 million will be taking out for three
years. Again, we are evaluating a 2014 general obligation refinance if certain financial criteria are met.
We're still evaluating that. With that, I would like to introduce Courtney Rogers with Davenport. He's
going to give you the details of the RFP that we have been conducting. Courtney.
Courtney Rogers: Thanks, Lisa. Good evening, everyone. We received six RFPs. We did a separate
RFP, one for the general fund and one for the utilities. We received six offers. We're still evaluating
that. This authorization tonight authorizes the Town Manager in consultation with our sales and
finance to to pick the best one for the Town. Essentially, what we got was we got some fixed-rate
options. Obviously, rates are a little bit higher on the short term right now. We also got some variable
rate options, and we're going to evaluate those as well as some of the business points before we
make our final decision.
Lisa Haley: With that, if Council is ready to either answer questions approve a motion.
Mayor Burk: All right. Are there questions on this. Dr. Cimino -Johnson.
Council Member Cimino -Johnson: Thank you. Thank you, Lisa, for your presentation. I won't ask
you any questions because you charge by the second, but anyway, I have a question about why we
don't take this to voters and put on the ballot, because I know at the County level, we do that.
Lisa Haley: We are not required to do that as a Town.
Council Member Cimino -Johnson: By State Code.
Lisa Haley: By State Code.
Council Member Cimino -Johnson: Okay.
Clark Case: Yes. Doing a general obligation vote is expensive.
Council Member Cimino -Johnson: No.
Clark Case: It is.
Courtney Rogers: Under the Code in Virginia, towns and cities do not as long as they stay within a
10% assessed value in terms of maximum outstanding debt. Whereas, counties, except for a few
exceptions, have to go out and do a referendum. Okay.
Council Member Cimino -Johnson: Excellent.
Clark Case: We're very far below that level
Council Member Cimino -Johnson: Okay.
Courtney Rogers: Our policy is to stay much lower than that.
Council Member Cimino -Johnson: Do we have any idea on the interest rates we will be looking at?
Courtney Rogers: Yes. In the 20 -year range right now, we will be under 4%, maybe even closer to
3.5%.
31 (February 27, 2024
Council Member Cimino -Johnson: With the bonds that are retiring, what percent are we at with
those?
Courtney Rogers: Those have 5% coupons and some 4% coupons. Basically the way we look at
refinancings, we need to achieve at least what we call a 3% net present value, so 3% of the
outstanding amount, which in this case would be about a half million dollars of savings. That's the
threshold we're looking for, net of all cost of issuance.
Council Member Cimino -Johnson: Okay. Excellent.
Mayor Burk: Thank you. Mr. Wilt.
Council Member Wilt: Yes. Curiosity on the 2014 refinance. Is that available for refinance as a 10 -
year expiration?
Courtney Rogers: That's correct.
Council Member Wilt: Okay. Then what's the current, what was the interest rate for the 2014 series?
Courtney Rogers: Some of them were 4%, some were 5%. There are various coupons that we look
at for that issuance. Okay.
Council Member Wilt: What do we anticipate for a refinance?
Lisa Haley: We have to hit certain thresholds, and it's a minimum of 3% of the net present value, and
as Courtney said, it would have to approach half a million dollars for us to be even approaching what
would be acceptable for the savings. All in.
Courtney Rogers: Forced to pull the trigger.
Lisa Haley: Right.
Council Member Wilt: Okay. I'm not quite familiar --
Clark Case: [inaudible] the bids, but if it doesn't hit the 3% net present value savings over the
remaining 10 years, then we won't do the refinancing.
Council Member Wilt: Right. What are we looking at current rates?
Courtney Rogers: Right now, on a 20 -year basis, we're in the 3.5% range for 20 -year debt.
Council Member Wilt: Okay.
Courtney Rogers: Maybe lower rates will hang in there.
Council Member Wilt: Okay.
Courtney Rogers: That issuance was a combination of 20 -year debt for general government projects
and 30 years for utilities. It actually has 20 more years to run.
Council Member Wilt: The remaining maturity is 20.
Courtney Rogers: Yes, sir. Some only 10 years, some for 20.
Council Member Wilt: I got it. Given the blended and the new interest rates, if we don't get a 3%
NPV benefit, that's our threshold.
Courtney Rogers: Correct.
32IFebruary 27, 2024
Council Member Wilt: Okay. Good. Makes sense. Thank you.
Mayor Burk: Anyone else? Anyone want to make a motion? Oh, sorry. Is there anybody in the public
that would like to speak that didn't get a chance to sign up? Nobody's here to sign up and speak? All
right. Then I will close the public hearing. Is there a motion?
Vice Mayor Steinberg: I'll move.
Mayor Burk: You move.
Vice Mayor Steinberg: Yes, ma'am. I move to approve the proposed resolution to Authorize the
Issue of the General Obligation Bonds.
Council Member Nacy: Seconded.
Mayor Burk: Seconded by Ms. Nacy. All in favor?
Members: Aye.
Mayor Burk: Opposed? This passes 7-0. Steinberg, not Martinez. Okay. All right. That takes us to
our second, which was listed as my first, but public hearing. A call to order this public hearing.
February 27, 2024. Unless there's an objection, I'll 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. If you did not get the opportunity to sign up, we'll give you an opportunity to speak. In the
interest of fairness, we also ask that you observe the five-minute time limit. The green light in front of
you will turn yellow at the end of 4 minutes, indicating you have one minute remaining. At that time,
we would appreciate your summing up and yielding the floor when the bell indicates your time has
expired. Under the rules of orders adopted by this Council, the 5 -minute time limit applies to all
citizens. However, rather than having numerous citizens present remarks on behalf of the group, the
Council will allow a spokesperson for a group a few extra minutes. In that instance, we will ask
speakers, when they sign up, to indicate their status as spokesperson, the group they represent, and
the request for additional time. Our procedure for the public hearing. First, there's a brief presentation
by staff about the item before us. Second, members of the public who have signed up to speak will be
called and given 5 minutes for their comments. The public hearing is on Tax Year 2024 Personal
Property Tax Rates.
Clark Case: Good evening, Mayor Burk, Vice Mayor Steinberg, Members of the Town Council, and
members of the public. I'm Clark Case. I'm the Director of Finance and Administrative Services. I'm
here to introduce the 2024 Personal Property Tax Rates, Personal Property Tax Relief, and the
Vehicle License Fees public hearing for the tax year of 2024. The tax year is the same as the
calendar year, which is different from the fiscal year. The separate adoption of the personal property
tax is required per the County and Town centralized bill agreement. Loudoun County bills the
personal property taxes semi-annually in May and October, and the personal property tax is prorated
for vehicle moves in and out of the Town during the year. Per agreement with the County, the
personal property tax rates must be adopted by Town Council in February in order for the County to
get the bills out on time. The fiscal year 2025 proposed budget includes 8.2 million dollars in personal
property tax revenue based on the current rates. This chart shows you which property taxes generate
which amounts of revenue. Vehicles comprise the largest category, and there were 36,443 vehicles in
the Town in 2023. That number varies every year up and down. The personal property tax revenue is
10% of the general funds revenue, so it is a substantial revenue source. There is no proposed change
from the 2023 rates in the Town Manager's proposed budget. The rates for aircraft are one -tenth of
one penny per 100,000 of assessed value. Motor vehicles and tangible personal property are one
dollar per 100 dollars of assessed value, and bank capital is 80 cents per 100 dollars of the net capital
of the banks located in the Town. That's the branches. That's about 1.7 million dollars in total, so it's
not trivial. The Commissioner of Revenue is proposing no assessment ratio for vehicles in tax year
2024, since used vehicle values have fallen more along the norm. Before 2022, the Town had always
assessed, and the County had always assessed, at 100%. We're back really to normal values now.
Any changes to the personal property tax rates have implications for the approved 2024 budget for
the year we're currently in, and the adopted budget, as well as the fiscal 2025 proposed budget.
Please note that the lower rate for airplanes is set to be competitive with other Northern Virginia
33IFebruary 27, 2024
regional airports. The Airport's business model is to cover its costs through user fees, such as hangar,
office space, and tie -down rentals, and charges for aviation fuel, not from taxes. There is no proposed
change in the 2023 rate for a vehicle license fee of $25 per vehicle for all types of vehicles. The
vehicle fee is billed by Loudoun County on the same bill as the personal property taxes. The vehicle
license fee is also assessed according to the January 1 situs, the January 1, 2024 situs of the vehicle,
and is not prorated for moves during the year. The Virginia Personal Property Tax Relief Act and
Leesburg Town Code section 20-30 sets a reduced personal property tax rate applied to the first
$20,000 of the vehicle's value. The personal property tax relief for 2024 is set at 34% of the first
$20,000 vehicle value, and this rate is calculated for the Town by the County. The Town Code is
being updated as part of this action to reflect the relief rate in the Schedule B, consistent with other
rates reflected in the Town Code. With that, I'll be glad to answer any questions you may have.
Mayor Burk: Does anyone have any questions at this point? Yes, Mr. Steinberg.
Vice Mayor Steinberg: Thank you. Thank you, Mr. Case, for another concise presentation. For the
record, I'd like to state that the aircraft is $0.001 per hundred dollars, valued at $100,000.
Clark Case: I'm sorry. Did I miss that?
Vice Mayor Steinberg: No. You did.
Clark Case: Per 100. I'm sorry.
Vice Mayor Steinberg: Yes. Thank you. I just wanted to be sure that wasn't out there in public
somewhere.
Clark Case: $0.01 for $100 of assessed valuation. That is correct.
Vice Mayor Steinberg: Also, just as a reminder for the public, there has, in the past, been a
discussion about the vehicle licensing fee. Why don't we just drop it altogether? Just to remind
everyone, if we did that, the County would simply add it to their bill, and the residents would wind up
paying it anyway. That's the tradeoff.
Clark Case: That is correct, and the Long County Treasurer assured me that would be the first action
he would take.
Vice Mayor Steinberg: Thank you, Mr. Case. Thank you. Finally, I don't know if this is your last
presentation to us. We may have a couple more in the budget, but I just want to thank you for your
exemplary service over the years and your calm demeanor, keeping us focused on the budget. Thank
you.
Clark Case: Thank you.
Vice Mayor Steinberg: One further question. Is there still discussion down at the State level about
the vehicle tax or is that currently dead for this session? Do we know?
Kaj Dentler: I'm not aware of it. I believe it's dead at this time.
Vice Mayor Steinberg: Okay, thank you.
Mayor Burk: All right. Does anyone want to make a motion on this one?
Council Member Cimino -Johnson: I have a question.
Mayor Burk: Oh, I'm sorry. This is the public hearing again. I forget. Is there anybody in the-- Oh, you
have a question?
Clark Case: He has a question.
341February 27, 2024
Mayor Burk: Sorry. It's been a long night.
Council Member Cimino -Johnson: You all just don't want us to ask any more questions. I can see
how that goes. That's fine. Thank you, Mr. Case, for your presentation. I do have a question about the
aircraft. Where does that money go? Does it go to the Airport for the personal property of aircraft or
does it go to the general fund?
Clark Case: Actually it just goes into the general fund. The personal property tax is relatively small
coming from aircraft because of the rate, but that money does go into the general fund taxes.
Council Member Cimino -Johnson: What's the average value of an aircraft?
Clark Case: That I would not know. It ranges widely because you have the commercial jets run out of
Projet, which is quite a bit more, and then you have the flight school type people who own a small
plane, typically single -engine propeller plane, and that would be much less. It varies very widely. I
don't see Scott here. I don't think Scott's here. I don't know the average value of the planes. We could
find out and get back to you with that if you want me to.
Council Member Cimino -Johnson: Yes, I'm just curious. I would like to know that. Not based on
decisions, just to know. I have a question about the tax relief. That's only $20,000-- it takes off the
value of $20,000?
Clark Case: It's the first $20,000 of value. If you have a $40,000 vehicle, the credit applies to the first
$20,000. It's 34% of the first $20,000. If your value is say less than the 34% of the $20,000, say your
automobile's worth $3,000, then you wouldn't pay anything.
Council Member Cimino -Johnson: That's something that the public has to actually apply for?
Clark Case: No, it's automatically --
Council Member Cimino -Johnson: Oh, it's automatic.
Clark Case: It's automatically applied to a personal property tax bill.
Council Member Cimino -Johnson: Excellent. Thank you.
Mayor Burk: Mr. Wilt?
Council Member Wilt: Just as Council Member was asking about the aircraft, it prompted a thought.
On a half a billion dollar Cirrus, the personal property tax is about $5? Did I do that math-- a tenth of a
penny for $100 of value?
Clark Case: I don't have the numbers. I'd have to get back to you.
Council Member Wilt: All right. That's what my calculator told me. It's on a $10 million jet. It's $100
personal property tax. In this regard, in terms of the value of the aircraft, the kind of aircraft, there's a
lot of Pipers and Cessnas and things. Does our clerical cost of doing this at all outweigh the tax
revenue we receive and why do we bother doing it?
Clark Case: We don't issue bills. The County doesn't issue bills if it's under $10. It's just waived if it's
under $10.
Council Member Wilt: It's only then the few jets who have a value over this?
Clark Case: Yes. The business model is to collect your money from the hangar fees, the aviation fuel,
those sorts of things because the Airport keeps all the Airport's revenue. The idea is you don't collect
revenue for the airport through personal property taxes. You collect it through user fees.
Council Member Wilt: I think that's great. Do we know offhand how much the County charges us to
35IFebruary 27, 2024
issue these bills?
Clark Case: I'm sorry, I couldn't hear you.
Council Member Wilt: Offhand, how much does the County charge us to do the billing?
Clark Case: They charge us 1.15% of what they collect.
Council Member Wilt: It's still a net benefit to us. It's a very small number.
Clark Case: Yes, it's a very small number relative to the total they're collecting. That's about half the
rate that other units of government that have this arrangement typically pay.
Council Member Wilt: How much total do we collect from the aircraft personal property tax annually?
Clark Case: I do not have that number. I would have to ask. It's very small, relatively.
Council Member Wilt: Very small number. Thank you, Clark.
Mayor Burk: Mr. Case, the reason we charge such a small amount on the airplanes has to do with
the fact that they don't have to use the roads or anything of that nature. If they're dissatisfied, they just
pick up and leave and go to another airport.
Clark Case: Yes, that's correct. They're very easily relocatable for the January 1 situs. It's just an
incentive to get them to move their aircraft for for a few days if you do that. All of the other airports in
Northern Virginia have their tax rates set similarly. This is really the competitive rate. We don't want to
provide incentives for people to garage their aircraft elsewhere because our revenue sources from
hangers and the big jets typically want to be in a hangar or from tie downs or airport rentals for flight
schools. The Airport is really supported by user fees, not by taxes. We also then don't want to assess
the taxes because then we'd have to find it, calculate it and rebate it back to the Airport in order to
stay in compliance with our FAA and Department of Virginia, Aviation Grant Agreements. Because we
have to keep the Airport self-sufficient under the- and it cannot support the general fund per all the
grant agreements.
Mayor Burk: Thank you. Appreciate that. Does anybody want to make a motion? Anybody in the
audience like to speak to this particular issue?
[laughter]
Mayor Burk: Seeing nobody, I close the public hearing. Is there anybody that wants to make a
motion on this?
Council Member Bagdasarian: If this is the correct one, I'm a little shy here. I move to approve the
proposed ordinance to set the Tax Rates on Personal Property Vehicle License Fee and Personal
Property Tax Relief for Tax Year 2024 as proposed and amended in Leesburg Town Code Section
20-30 and Appendix B.
Council Member Nacy: Second.
Mayor Burk: Okay. Second. All in favor?
Council Member Cummings: I just have a comment.
Mayor Burk: Yes, go ahead. Sure.
Council Member Cummings: Can I comment? Sorry. I'm just going to continue with this vote as I did
last year to channel Governor Gilmore. Yes, the vehicle taxes are aggressive double tax. I'll be
working, hopefully with staff to find a way that we can eliminate the vehicle tax for our residents. I'll be
voting no on these personal property tax rates.
36IFebruary 27, 2024
Mayor Burk: Okay. All in favor indicate by say, "Aye."
Members: Aye.
Mayor Burk: Opposed?
Council Member Cummings: Nay.
Council Member Cimino -Johnson: Opposed.
Mayor Burk: Are you opposed? I'm sorry. Okay. 5-2. All right. Any disclosures or future items for the
agenda? Mr. Wilt.
Council Member Wilt: One disclosure. On the 23rd, met with Molly Novotny, Bob Kettler, Kyle
Crosby, and Soledad Portilla about the Village at Leesburg.
Mayor Burk: All right. Mr. Bagdasarian.
Council Member Bagdasarian: I had meeting with the same group of folks on the 21St of February.
Mayor Burk: All right. Ms. Nacy.
Council Member Nacy: I played phone tag with the same group of people, and never actually met,
but I'm still disclosing it.
Mayor Burk: Okay. Dr. Cimino -Johnson.
Council Member Cimino -Johnson: I also met with the same group of people on the 20th of
February.
Mayor Burk: Mr. Cummings, could I guess what you're going to say?
Council Member Cummings: Actually, no. On the 22"d, I had an in -person meeting with Brian Cullen
and with Keane Enterprises to talk about his Oaklawn property. I did have a phone conversation today
with Molly Novotny, with Cooley.
Mayor Burk: Vice Mayor Steinberg.
Vice Mayor Steinberg: Obviously it was a very popular group, but I'm going to say they met with us,
we didn't meet with them. The Kettler Group regarding the data center, Land Bays D&E. Yes.
Mayor Burk: As did I with the Vice Mayor. That was on the 14th. On the 14th, met with Sarah Caddy
from React DC about setting up a refugee center at the Lutheran Church in Leesburg. The
discussions are ongoing in regard to that particular project. 2/15, I attended the Town Hall on the
zoning rewrite. There were about 20 individuals at the meeting and their questions were all thoughtful
and very attentive, and it was very interesting to listen to their perspectives. That same day, we
celebrated the 35th anniversary of China King in Leesburg. It's not easy to run a small business,
nevertheless do it for 35 years. It was great to see so many old friends came, and customers stopped
by to wish the Wang family they're very best, and it was a great event. On 2/20, the Economic
Development Department held a youth job fair at Loudoun County High School. When I say that that
was a successful event, that was a truly successful event. There was over 250 students looking for
some sort of employment. They had the opportunity to talk to businesses, and all the businesses took
their time to talk to them. They got all sorts of insights. The parents that came were very excited about
it, were very pleased that they got the opportunity to speak to people that were hiring. I want to thank
the Loudoun County High School staff for all of their help and congratulate the Department of
Economic Development staff for their hard work to make it happen.
On the 21st, I attended an interfaith luncheon with religious leaders and community, education
community, and it was held at the Sha'are Shalom Synagogue. On the 22"d, I had the opportunity to
37IFebruary 27, 2024
virtually testify to the Senate against one of the zoning bills that would've taken zoning away from
local government. At that day, I also welcomed members of the Fitch Ratings Agency.
On the 23rd, I welcomed members of the Moody Rating Agency. I attended Popcorn with the Police at
the Douglass Community Center. What a great facility that is. If you have the opportunity to go and
see it, it's worthwhile. There was lots of kids, and boy, the popcorn was great. Congratulations to
Donna Torraca on her retirement from the Loudoun County School System. She was instrumental in
many things, but the one we'll remember her for is the renovations at the Douglass School. Best
wishes for your next chapter, Donna. On the 24th, I welcomed the Shear Love Pet Spa. That was
interesting. I don't have a dog, but it was interesting to see all the doggies there. What a very loyal
following that the owner, Rosa Soto, has.
On the 25th, I want to point out the 25th was a Sunday, and Renee LaFollette had walked with me on
the W&OD trail to discuss lighting that might occurring there. That was something she didn't have to
do. It was a Sunday, but that's typical of the Loudoun County, the Leesburg staff, what they're willing
to do. It was very useful. I also attended that very night the Friends of the Balls Bluff dinner. There
was excellent remarks by Rich Gillespie, if you've ever heard his history discussions and
presentations. It was just pretty amazing. Then, finally, we welcomed Michele Burton and Shaniqua
Clark Nelson for their opening of their new law firm, and also welcomed Buta Biberaj for the opening
of her law firm. That is all I have.
Vice Mayor Steinberg: Madam Mayor, I'm sorry. Council Member Nacy reminded me. I had a phone
conversation with Molly Novotny on Sunday, the 25th, regarding the data center. Thank you.
Kaj Dentler: No comments.
Mayor Burk: All right. Do I have a motion to adjourn? Second? All in favor?
Members: Aye.
Mayor Burk: Opposed? We are done.
38IFebruary 27, 2024