HomeMy Public PortalAbout2024_tcwsmin0311Council Work Session March 11, 2024
Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk
presiding.
Council Members Present: Ara Bagdasarian, Todd Cimino -Johnson, Zach Cummings, Kari
Nacy (arrived at 7:03 p.m.), Vice Mayor Neil Steinberg, and Mayor Kelly Burk.
Council Members Absent: Patrick Wilt.
Staff Present: Town Manager Kaj Dentler, Town Attomey Christopher Spera, Deputy
Town Manager Keith Markel, Assistant Town Manager Kate Trask, Airport Director Scott
Coffman, Community Development Director James David, Economic Development
Director Russell Seymour, Parks and Recreation Director Rich Williams, Public Works and
Capital Projects Director Renee LaFollette, Utilities Director Amy Wyks, Leesburg Police
Major Vanessa Grigsby, Community Development Chief Engineer William Ackman,
Public Works and Capital Projects Deputy Director Chris Kohr, Capital Projects Assistant
Director Douglas Wagner, Finance Deputy Director/Treasurer Lisa Haley, Management
and Budget Officer Cole Fazenbaker, Deputy Management and Budget Officer Tamara
Keesecker, Senior Management Analyst Betsy Arnett, Community Development
Sustainability Manager Deb Moran, Parks and Recreation Events and Outreach Manager
Linda Fountain, Management and Budget Analyst Liz Weaver and Clerk of Council Eileen
Boeing.
Minutes prepared by Deputy Clerk of Council Lyndon Gonzalez.
AGENDA
1. Items for Discussion
a. Energy Efficiency Conversation Strategy (EECS)
Ms. Deb Moran presented Council with an update on the Energy Efficiency
Conversation Strategy (EECS) for the Town. The EECS establishes goals to reduce
energy use in the Town's operations. By establishing the EECS the Town would be
eligible to receive a Federal grant in the amount of $76,000.
ITEMS
Council and staff discussed the item.
It was the consensus of Council to move the item to the March 12, 2024, Consent
Agenda.
b. Leesburg Service Line Compliance Camoaipn
Ms. Amy Wyks presented Council with an update on the Lead and Copper
Rule revisions required by the Environmental Protection Agency, and previewed the
Town's Service Line Compliance Campaign that will be sent out to residents to help
Utilities gather the necessary information to comply with the October inventory
deadline.
Council and staff discussed the item.
No further action is required for this item.
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Council Work Session March 11, 2024
c. Proposed Budget for Fiscal Year 2025 — Boards & Commissions, Leesburg
Movement, Utilities Fund, and Initial Mark -Up Session
Mr. Cole Fazenbaker presented Council with the proposed budget for the Boards
and Commissions. Mr. Kaj Denier presented Council with the Leesburg Movement's
request to add Saturday night street closures during the summer and the effect that would
have on the budget. Ms. Wyks gave an overview of the Utilities budget for Fiscal Year
2025.
Council and staff discussed the items.
Council added and discussed the following items but deferred a straw vote on whether to
include these items in the proposed budget.
• double the Planning Commission, Board of Zoning Appeals, and the Board of
Architectural Review stipends
• add $3,000 for the Commission on Public Art
• add $4,650 for the Diversity Commission
• add a one-time $25,000 donation to LAWS Domestic Violence and Sexual Assault
Services using Unassigned Fund Balance for the construction ofa new facility
• remove the $10,000 facilitator fee for the Council Retreat
• direct any amount collected above $500,000 from speed cameras to address safety
improvements in particular areas where the revenue was collected
• use unassigned fund balance to study Catoctin Circle and East Market Street
(traffic calming and safety improvements)
• add a Performing Arts Commission starting in FY2025
• add $6,000 for Parks & Recreation Advisory Commission "Park Day"
It was the consensus of Council to provide additional direction during the Council meeting
public hearing on March 12, 2024, or at the final mark-up session on March 18, 2024. The budget
adoption is scheduled for March 19, 2024.
d. Zoning Ordinance Rewrite: Progress Report on Articles 1 through 4
Mr. James David presented Council with an update on Articles 1 through 4 of
the Zoning Ordinance Rewrite.
Council and staff discussed the item.
It was the consensus of Council for staff to incorporate data centers as a special exception
in the Zoning Ordinance rewrite.
2. Additions to Future Council Meetings
a. Proclamation Requests
i. A proclamation request was received to proclaim April Keep Leesburg
Beautiful Month at the March 19, 2024, Council Meeting.
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Council Work Session March 11, 2024
It was the consensus of Council to add this proclamation to the March 19,
2024, Council Meeting agenda.
ii. A proclamation request was received to proclaim May 5 — 11, 2024,
Drinking Water Week in the Town of Leesburg at the April 23, 2024,
Council Meeting.
It was the consensus of Council to add this proclamation to the April 23, 2024,
Council Meeting agenda.
iii. Mayor Burk requested a proclamation for Leesburg Police Officer
Victor Bendezu who responded to the scene of the house explosion in
Sterling while serving as a Volunteer Firefighter for the Town be
presented at the March 19, 2024, Council Meeting.
It was the consensus of Council to add this proclamation to the March 19,
2024, Council Meeting agenda.
iv. Mayor Burk requested a proclamation for the Ida Lee Park Recreation
Center staff and patron for their heroic efforts in saving the life of a
resident at the Ida Lee Park Recreation Center be presented at the
March 19, 2024, Council Meeting.
It was the consensus of Council to add this proclamation to the March 19,
2024, Council Meeting agenda.
b. Future Council Meeting and Agenda Topics
Mayor Burk requested a joint work session with the Airport Commission to
discuss the planning for the 40 acres at the Airport.
It was the consensus of Council to add this as a separate future joint Council/Ai o
Commission work session.
Council Member Cummings requested a work session to discuss Airport
Landing Fees.
It was the consensus of staff to add this to a future work session.
Council Member Cimino -Johnson requested a joint work session with
Leesburg Movement to discuss their plans for the next several years.
It was the consensus of Council to add this as a separate future work session.
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Council Work Session
March 11, 2024
3. Adjournment
On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the meeting
was adjourned at 9:05 p.m.
Clerk of Council
2024_wsmin0311
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March 11, 2024 — Leesburg Town Council Work Session
(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: Tonight's Town Hall, Town Council Work Session of March 11th, 2024. Our first
item for discussion tonight is the Energy Efficiency Conservation Strategy. Hello.
Deb Moran: Hi, everyone. [inaudible] and I am the Sustainability Manager for the Town. I haven't
seen you all since October, so I just don't want you to forget who I was. Today were going to be
talking about our Energy Efficiency Conservation Strategy. I'm really quickly going to go over why
were here and why we're talking about this now, what the goals are as drafted by the sustainability
committee, and then really what they actually mean. Then we'll go forward with recommendations and
have time for questions.
The Energy Efficiency Conservation Strategy establishes goals and targets to reduce energy use in
Town operations. It directly aligns with chapter five of the Town Plan. I do want to note that setting
these goals doesn't mean that were going to be in any trouble if we don't hit them. That's what we
mean by non -binding. The reason were talking about the Energy Efficiency Conservation Strategy
and associated goals now is because it is a requirement to receive Federal grant funding.
The Inflation Reduction Act of 2022 established what they're referring to as the Energy Efficiency
Conservation Block Grant Fund, which is formula funding that allocates $76,000 for the Town of
Leesburg to use for energy efficiency and alternative fuel initiatives. Again, in order to receive that
funding, we have to have goals established. The benefit is that, while were establishing these goals
specifically for this funding, having goals tends 10 be a requirement for most grant applications
anyway, so it puts us in a good spot.
Here are the draft goals, and I'm going highlight some key phrases, and then we'll get a little bit
deeper into what they mean. So we established, we identified the goals and we put them in two
different categories. You may recall from our presentation in October that wastewater and water
treatment operations, our Utilities team, they use the biggest chunk of energy and they are the
hardest to get energy reduction initiatives done for.
We wanted to separate those, that amount of energy from the rest of Town operations so that we
wouldn't lose the good stories and the good benefits from all the other work that we're doing, getting
them swallowed up in that big number. For Town operations, our goal is a 50% reduction in
purchased energy. I want to stop and highlight, purchased energy refers to anything that were getting
from the utility. If we were to generate our owl renewable energy, it would count towards that
reduction. 50% reduction in purchased energy from government operations, from the business -as -
usual projections, and I think this is what we might lose some people.
The business -as -usual projection is making the assumption that we did absolutely nothing to be more
energy efficient, but we still have more people to serve and more things to do in that nature. We got to
that through a standard calculation. We'll talk a little bit about that when we get to that particular slide.
It's a 50% reduction in purchased energy for government operations from a business -as -usual
projection by 2050.
Our second goal for Town government operations is a 40% alternative fuel vehicle adoption for our
non -emergency response vehicles. We defined, I'm going to read this one so I don't mess it up,
emergency response vehicles as those needed to function for a continuous 24 -hour period in
prevention or response to emergency situations. This is going to talk about our police vehicles, our
on -call maintenance vehicles, things that we use in emergency operations.
Then our wastewater and water treatment operations goals include a 10% reduction in purchased
energy, again, going back to purchase energy for our utility's operations from that business -as -usual
projection by 2050. There also have goals to upgrade our existing SCADA systems with remote
Page 11March 11, 2024
telemetry to more efficiently operate our water and wastewater operations. Then were going to
prioritize energy -efficient products for utilities equipment replacements, improved pumps, and motor
efficiency by correcting pump sizing, upgrading to premium efficiency motors and variable frequency
drives.
That was a lot of words. We'll get into what those actually mean now. This is where I'm hoping I don't
lose any of you. This is what our business -as -usual projection looks like. I'm going to, hopefully, be
able to draw on this. This line right here, is our baseline of energy use. That is the amount of energy,
actual energy, we used in calendar year 2021. That's what we shared with you in the progress report
that we presented in October.
This number or this line represented with the blue coloring is what we anticipate our business -as -
usual energy use to be with the continued growth in the community. This number comes from
standards provided by ICLEI Local Governments for Sustainability and the methodology that they use
based on population growth. That's what we anticipate if we did absolutely nothing to be greener,
what we would be using in terms of energy.
Our goal being a 50% reduction, puts us down to here, which is where our energy efficiency
conservation goal is. That is a 25% reduction from where the baseline is but a 50% reduction overall.
I'm not seeing too many shaking heads, I think I might have you with me, which is very exciting.
[chuckles] We understand that this is not going to be a perfect straight line up or this might not be a
straight line down. It might look more like this, but it is just giving us a better idea of where we want to
be and what we think is achievable.
Our next goal is related to fleet vehicle use. Our fleet team has identified 35 vehicles as being non -
emergency vehicles that could transition to alternative fuels. This is one thing that we wanted to
highlight as a cost-effective solution for the Town because we are eligible for a clean vehicle elective
pay, that's $7,500 per vehicle. We've also partnered with Virginia Clean Cities Coalition to get money
back for the cost difference between an internal combustion engine and a brand-new EV. This is a
great program that we've gotten a chance to take advantage of. [crosstalk]
Mayor Burk: Excuse me for interrupting you. You said 35 non --
Deb Moran: Non -emergency vehicles.
Mayor Burk: But only 14 of them are using alternative energy now.
Deb Moran: That's the goal, 40% so 35, 14.
Mayor Burk: 14. We're trying to get 14 of the 35, using --
Deb Moran: Yes.
Mayor Burk: Okay. I thought you misspoke but now I understand.
Deb Moran: Nice. [chuckles] Going back to this chart, this business -as -usual projection and goal
chart, this would be for utilities, and this is representing a 10% reduction from the business -as -usual.
The business -as -usual, is represented by this red line. This accounts for increasing usage by more
population and stricter standards that might be coming in terms of how we have to treat the water.
That's why we're looking at this 10% reduction right here and that is acknowledging that there may be
a growth in energy use over time for that particular area.
Then our last two goals are much easier to talk about and much easier to understand. By 2026 or FY
2026, we want to be using remote telemetry for more efficient operations, which basically means we
want to be able to monitor our pump stations in our different wastewater utility operations tools
remotely so that we don't have to drive out to them to see what's going on, and then prioritizing more
energy efficient products to improve pump and motor efficiencies. Again, just putting energy efficiency
at the forefront of the things that we are hoping to do.
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With that, because staff drafted it, of course, staff recommend the approval of the energy efficiency
conservation strategy to establish goals and targets for reducing energy consumption in government
operations. The Environmental Advisory Commission does endorse this goal. With that, I finished
earlier than 10 minutes, which I'm very excited about- [laughs]
Mayor Burk: [crosstalk]
Deb Moran: -I'm happy to take any questions.
Mayor Burk: Are there any questions on this? Vice Mayor?
Vice Mayor Neil Steinberg: Thanks, Deb, for the presentation. What is a realistic approach then for
this 50% reduction? Now that I see that its actually a 50% reduction of what we might expect to be
doing by 2050 as opposed to what were doing now, so that's less aggressive. 1'11 put it that way.
Deb Moran: Yes, it's less aggressive for sure. [laughs]
Vice Mayor Steinberg: What are realistic approaches then to achieve that 50%?
Deb Moran: It's twofold. One thing that's really going to tell us how were going to get there is how
were planning on spending this Federal grant allocation of 76,000. We're planning to use it for energy
audits that will tell us exactly what we need to do and what those reductions will be. They'll also give
us return on investments for doing those types of activities so we'll get a better idea. Also, there's a lot
of solar potential in different areas and because we have that purchased energy caveat, we could
definitely make 2 kilowatt hours of energy produced there. It's a two -pronged approach.
Vice Mayor Steinberg: That where it gets to my second question, which was 76,000 is not a lot of
money in this area.
Deb Moran: Correct. [laughs]
Vice Mayor Steinberg: The question was how would we anticipate spending those dollars and what
you're saying is we would use them to audit?
Deb Moran: To do what's called the energy audit, and that would help us understand how to best
allocate funding for future projects. Those energy audits all come with an ROI for the particular project
that you do, so well know we can present to you, "Hey, this is going to take us five years to get our
money back. This is going to take 25 years. Maybe we don't take this approach at that point"
Vice Mayor Steinberg: We might anticipate alternative fuel vehicles will come at a much higher cost,
solar projects at a much higher cost and so --
Deb Moran: Yes.
Vice Mayor Steinberg: Okay. And how would, in terms of the utilities, would we hope to see the
majority of that reduction coming from non -purchase energy uses? Is that what we- or more efficient
pumps I guess as well [crosstalk]
Deb Moran: Yes, the more efficient pumps and getting a better understanding of exactly what's being
the biggest energy hogs and seeing how we can be more efficient, but we do have quite some time to
figure out exactly the best way to do that in terms of 2050 being the ultimate.
Vice Mayor Steinberg: When do we have to have formulated some sort of program in order to qualify
for the funds?
Deb Moran: The Energy Efficiency Conservation Strategy, once we submit that, we are going to get
our $76,000 because were submitting it, saying were going to use it for energy audits to help expand
our Energy Efficiency Conservation Strategy. We'll get it as soon as we do that. [laughs]
Page 3IMarch 11, 2024
Vice Mayor Steinberg: Thank you.
Mayor Burk: My question center around the fact that perhaps I don't understand exactly what you're
talking about because it doesn't seem like-- Are you going to do a study of this building?
Deb Moran: An energy audit would cover all of the buildings, so it helps us get a better understanding
of what's going on in each building and what needs to be upgraded in order to achieve the most
energy efficiency.
Mayor Burk: So, if they said, if they came back and said, your windows, the windows need to be
replaced there, that would be one of the considerations?
Deb Moran: Yes, they'll probably talk about things like HVAC systems. HVAC systems are very
expensive to replace. They would tell us replacing this HVAC system will result in this much energy
savings over this period of time.
Mayor Burk: Okay. 2050 seems awfully far away.
Deb Moran: Yes. [laughs] When we were building the Energy Efficiency Conservation Strategy, we
took the goals or the suggested goals from the Federal government's draft strategy for us. That's
where the year 2050 came from. You'll know in the fleet vehicle goal is the only one that we modified
because our number of fleet vehicles was relatively low. We made that goal based on our asset
replacement cycle with a little bit of buffer built in.
Mayor Burk: Okay. Oh, I'm sorry, Mr. Bagdasarian, [crosstalk] I didn't see that you had your light on.
[laughter]
Council Member Ara Bagdasarian: Yes. [inaudible] like I am not even here. I understand how it
works.
Mayor Burk: I'm so excited to ask questions.
Council Member Bagdasarian: Man, I'll tell you. I appreciate this. The one question I do have is as
far as the technologies to reduce the purchase energy by 50%, I mean, is the primary approach
utilizing solar or are there any other emerging technologies? What role does solar have in this whole
strategy?
Deb Moran: Yes, solar can be a very significant opportunity. I don't think I got to meet you in October.
[laughs] We talked a lot about some of this solar potential for the Town, but we're also looking at
things like geothermal or biogas, being able to take some of our waste products to see if we can turn
them into energy back at Wastewater and Utilities. There's a lot of different opportunities there and
emerging technologies, and solar are going to be very important.
Council Member Bagdasarian: Great. Thank you.
Mayor Burk: All right. Are there four people that would like to see this on the consent agenda for
tomorrow? Everybody. All right. Thank you very much and keep that up, being brief. [chuckles] Our
next item is the Leesburg Service Line Compliance Campaign.
[background conversation]
Amy Wyks: About halfway through the presentation, anticipation. Goad evening, Madam Mayor, Vice
Mayor, Members of Council. My name is Amy Wyks, Director of Utilities, and tonight I'm here to give
you an update on the Lead and Copper Rule revisions and the Town's Service Line Compliance
Campaign that is required from the Environmental Protection Agency, otherwise known as the EPA.
Back in 1991, the EPA published what was called the Lead and Copper Rule. The goal at that time
was to control lead and copper in the drinking water. In 2021, they did a Lead and Copper Rule
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revisions, which are now known as LCRR. There is a deadline that all Utilities are required to meet
October of this year. As part of the deadline, we have to do three things. We have to submit our
service line material inventory for the system, provide a replacement plan in the event that there is
lead, and then also submit a sampling and monitoring water program plan.
The objective of the rule revisions from EPA is to require the Utilities to have a service line inventory,
know what's out there. Identify the lead service lines in the event that there are lead service lines to
have a replacement plan. Increase sampling and monitoring, for the last, since 1991, when it was
originally proposed, about every three years we've been doing sampling for lead and copper. This is
enhancing the sampling. Adding daycares in schools, were going to continue public education and
outreach. Then corrosion control we're already addressing at the water treatment facility.
What is a service line? A service line is the water line that's from the Town's water main to the house.
We have the utility side, so the Town owns from the water main until the water meter, and then from
the water meter across the properly into the interior of the home is the customer side. You have two
sides related to the service line, so we need to know the material on both sides.
From the service line inventory standpoint, we need to establish and obtain a comprehensive and
accurate inventory of all water lines in the Town from both the public side and the private side. From
the public side, we're able to look within the meter box itself and to see what materials in there, but
obviously from the private side, that's where were going to need our customers. Then were going to
classify in three different ways. It's either going to be lead, non -lead, or galvanized. Galvanized is
going to be similar to lead that it will potentially need to be replaced.
So with that, we started with an inventory of over 17,000 of our accounts and then we were able to
classify 15,196 of those. We classified them through Loudoun County plumbing records, building
permits. Pretty much around the time of 1979 is when they stopped using lead. That was a cutoff, so
we looked at houses built before 1979 and after, and then again building records and permits. With
that we've been able to narrow down just under 2,000 service lines that have an unknown material
classification at this time.
What we're kicking off tonight with Council is our Service Line Compliance Campaign. We've
developed this campaign in order to request our customers to help us comply with the inventory
deadline. We've created a logo and a little signature there. We have a web site that will be kicked on,
launched off tomorrow. We have a survey and then public outreach documents. That's what I've
provided with you in front of you tonight.
In the event that the packet that you received has your name with your physical mailing address, that
means we need your compliance. You were one of those 1,900 that we need to hear from. In the
event you do not have your physical mailing address and where you reside, then that means your
house has been built after 1979 and we've been able to classify your material.
Wth that, in step one, were going to start sending letters to those that we need assistance with.
Again, if you look at this map here, this concentrates where were looking at. Obviously, this is some
of the older areas in Town, Downtown, Country Club, and those subdivisions there. Again, were
going to send a letter explaining to the customers that we need their help. We're doing this as part of
an Environmental Protection Agency requirement so that the Town is in compliance. We need to hear
from them.
There's an insert, a glossy insert in there, that's front and back that helps them to understand what we
need from them. We're also going to send a postcard in a couple weeks after we send the original
letter to get their attention. Again, were trying to make it easy with the OR code. Then tomorrow we
will be launching on the web site the ability for them to complete the survey and more information
about the survey. The survey is GIS based, so again, they'll zoom in to find their address and then
what they'll see is that if there's a blue dot at their address, that means we need them to complete the
survey. In the event that it's a green dot, green means good to go. Staff is available to assist
customers with completing the surveys as needed.
With that, we have a short little video here that will be posted also on the webpage that helps our
customers, in order to comply and support us.
Page 5JMarch 11, 2024
[silence]
Unidentified Speaker: Can you hear it?
Amy Wyks: No.
Unidentified Speaker: There it is.
Amy Wyks: [laughter]
Mayor Burk: While we're waiting, can I ask questions of you? [laughs]
Voiceover: Thank you for participating in the Town of Leesburg Service Line Compliance Campaign.
We're here to show you how to locate your service line [inaudible]
Mayor Burk: We can't hear that.
Voiceover: Thank you for participating in the Town of Leesburg Service Line Compliance Campaign.
We're here to show you how to locate your service line, identify the material, report the findings, and
submit the data to us. [crosstalk] If your home or business is built 1979,
Kaj Dentler: Mayor, we'll provide, by email link, we'll provide you this video so you can watch it
because none of us can really hear this tonight but it's good for you to get this information. We'll make
sure we get it to you.
Mayor Burk: Okay.
Amy Wyks: It's part of the campaign. It'll be on the campaign webpage tomorrow.
Mayor Burk: Okay.
Amy Wyks: Again, I stated that there's a deadline for October 16th where were required to submit
three things to the Virginia Department of Health. The service line inventory with the most up-to-date
information on what we know, a replacement plan, and then the water sampling and monitoring plan. I
want to highlight some additional future actions. Even after the compliance deadline of October, were
going to continue to reach to the customers and educate those accounts that were unknown material.
The EPA mid -year of this year, they're going to announce instead of having LCRR, they're going to
introduce the Lead and Copper Rule Improvements. Well have to understand what the LCRI is going
to require and report back at that point. We're going to continue compliance testing. The next round
will start in January of 2025 with those additional sites, including schools and daycares. Then there's
the implementation of the replacement program for any lead service lines. We will be coming back to
Council related to any potential funding options and sources related to private lines. Wth that, I also,
tonight, have Russell Chambers with me, the Water Supply Manager at the wastewater or at the
water facility in the event you have any questions for him.
Mayor Burk: Russell gives great tours for the Mayor for the Day. [laughs]
Amy Wyks: Mayor of the day. [chuckles]
Mayor Burk: I have a couple-- Well, go ahead, Mr. Cummings.
Council Member Zach Cummings: Are you sure? I just have one question. If a resident is testing
those of us who got our address on the envelope and it comes back that it's a lead line from the street
to the home, who's in charge of taking care of replacing that line?
Amy Wyks: That will be part of what were going to look at with the replacement plan as we
understand the inventory. We will be corning back to the council to understand what that looks like
from that standpoint. Differentjurisdictions are doing different things, so were evaluating and
understanding that.
Page 6IMarch 11, 2024
Mayor Burk: 1 '11 get back to you in just a second. To continue with that line of questioning, do you
anticipate that residents will have to pay to replace that line from the street to the house?
Amy Wyks: The line from the meter to the house is private properly. Again, that will be something
we'll be coming back to the council with as we understand what that looks like and looking for your
input and determination on how that will be handled.
Mayor Burk: For some people that could be quite burdensome to be having to do that Vice Mayor?
Vice Mayor Steinberg: For the very first slide, it says lead and copper. To what degree are we
concerned about copper lines then since most contemporary construction involves copper lines in the
house?
Amy Wyks: Yes, it still has lead and copper related to the rule from the EPA but this is focusing on
lead and galvanized for this particular time.
Vice Mayor Steinberg: Okay.
Amy Wyks: Do you want to add?
Russell Chambers: I can expand a little bit on that. Copper levels are very easily controlled through
the treatment process. Some of the things we do with the water plant suppress that corrosion. I would
say generally that copper is not an issue for most waterworks, including ours. Our levels are going to
be well below the standards. Copper is an essential element. I think if you take a multivitamin, its
probably got copper in it. Its just staying below that set that MCL, maximum contaminant level, and
we're well below that. Lead is the bigger concern from the health standpoint.
Vice Mayor Steinberg: Since we weren't able to take advantage of the, well, I'm sure its a
spectacular video, how do you determine if you have a lead line from the meter to your house?
Amy Wyks: The video does address that and lets the customer know how to find, because some
people may have it in their basement. Its usually they're going to want them to go where their water
shut-off valve is. In some cases, it could be in the crawl space. That's part of what the video's showing
them. Its letting them know that having a coin and a magnet available in order to do the test and to
complete that. Its part of the video, as well as the insert, the two two -page glossy that was provided
here. It outlines it also and says if the magnet's sticking, then it's this and that type thing outlines that
for the customer. We are available for any questions.
Vice Mayor Steinberg: All right. Even though my address is on here, I don't have to leave now and
go test. That [crosstalk]
Amy Wyks: You don't have to do it right now.
Vice Mayor Steinberg: [laughs] Thanks.
Mayor Burk: I do have to say thank you. I forgot to take my vitamins so that reminded me. Thank
you. All right. We all look forward to hearing more information. Oh, I'm sorry. Council Member Cimino -
Johnson.
Council Member Todd Cimino -Johnson: Thank you, Madam Mayor. Thank you, Amy, for your
presentation. I just do have one question. If I don't know what a QR code is and I don't have an email,
what do l do?
Amy Wyks: There's a phone number on there both in English and Spanish that they can reach out to
us and we'll support them.
Council Member Cimino -Johnson: Okay. You'll do it for them. Okay. Thank you.
Page 7IMarch 11, 2024
Mayor Burk: Thank you. Our next item for discussion is the proposed Budget for Fiscal Year 2025 -
Boards and Commissions, Leesburg Movement, Utility Fund, and Initial Mark -Up Session.
Kaj Dentler: Madam Mayor as staff is coming up. On the Boards and Commissions, there's really four
parts to the discussion tonight. First is on Board and Commissions, items that I included in the
proposed budget, items that I did not include in the budget. Just for clarity's sake, the reason some of
the items that I don't include in the budget for Boards and Commissions if there are new requests,
generally, I feel that's your decision since the Board and Commissions work for you.
The second Rem is to address the request from Leesburg Movement, closing Downtown on Saturday
nights. The third item is Utility Fund. Everything in the Utility Fund is consistent with what you already
approved in the guidelines. There's nothing new. There's no deviations from that. It's exactly what you
approved just a few weeks, short weeks ago. The fourth part is your initial mark-up, if anything you
want to add or delete, reduce as part of the budget, since the budget schedule is set for final approval
next Tuesday. Due to the spring break week, we've moved things up.
Anything you can tell us tonight is only helpful for us to be able to get it done in a very short
timeframe, to meet all of our deadlines. The way we've set it up for tonight, if you're comfortable with
is go through each section, go through the Boards and Commissions, stop, see if you have questions.
It's easier and I think it'll be more compact for you to be able to make good decisions. That's up to you
if that's how you wish to do it.
Mayor Burk: Sure, that's fine.
Kaj Dentler: Okay. Cole?
Cole Fazenbaker: Good evening, Madam Mayor, Council Members, members of the public. My
name is Cole Fazenbaker. I'm the Management and Budget Officer for the Town. Tonight, we're going
over the second budget work session for the 2025 budget. As the Town Manager mentioned that we
have three different sections, the Boards and Commissions, the Extended Sidewalk Dining, and then
the Utilities fund, and then our first Mark-up Session.
There are 13 Boards and Commissions that are funded in the proposed 2025 budget at approximately
$205,000, which is an increase of $11,000. That $11,000 is comprised of $7,500 increase in the
Planning Commission. That is for required training related to the State code. It's historically been
absorbed by the Department of Community Development, but this budget it's explicitly budgeted in the
Planning Commission. Then, also, a $3,500 increase in Board of Architectural Review. That's also for
required training as outlined by the BAR bylaws and it's historically been absorbed in other lines.
Again, that's just explicitly budgeted in the '25 proposed budget.
What's not included in the proposed budget as the Town Manager just mentioned are Commission
things related that are new and also stipend increase. The Planning Commission is requesting a
33.75% increase, and that's really just tracking with the CPI. Also, the last adjustment was in 2013.
The Town also has two other legislative bodies, the BAR, the Board of Architectural Review, and the
Board of Zoning Appeals. If those were increased by the same percentage, they would have $9,211
fiscal impact for BAR, and then for BZA, it would be $2,180.
Also, not included in the proposed budget is $3,000 for Commission on Public Arts, and that's for
more art projects, and about $500 more to the calendar project. $4,650 for the Diversity Commission,
and that's for web site language support. Then $6,000 for the Parks and Recreation Advisory
Commission, and that's for a Park Day, which would be for all Commission Members and their guests,
as well as Council for an event similar to an employee picnic. Wth that, 1'1 1 close the first section for
questions and discussions.
Mayor Burk: Anyone have any questions at this point? I do. [laughs] Anyone else at this-- Thank you.
Clarify for me so that I make sure that I understand. The staff recommends that the Boards and
Commissions receive the amounts that you stated?
Cole Fazenbaker: Correct.
Page 8]March 11, 2024
Mayor Burk: That's included in the budget at this point?
Cole Fazenbaker: That is not included in the proposed budget. The only two things that are included
in the proposed budget are the staff training or the Commission training.
Mayor Burk: Which is required. Yes.
Cole Fazenbaker: The stipend increase is not included in the current proposed budget.
Mayor Burk: The Diversity Commission $4,600, that's not included?
Cole Fazenbaker: That's not included.
Mayor Burk: The Planning Commission hasn't had an increase since 2013. Your proposing, they're
proposing a 33% increase. When I looked at this, I was thinking more in terms of more of a 50%
increase. The amount of time and effort that they put into their review of all these projects, to me, is a
very high burden for them to attend all these meetings, to go through the process, to understand the
plan, to make sure that they're applying it. When they're done, they have brought forward proposals,
projects that are really very well done, very worked up for us so that we don't have to go into the
weeds as much as they do, which I really and truly appreciate.
I do think expecting them to do all of that for $3,750 for the Chair and $3,600 for the Commissioners is
not sufficient anymore. I would like to see that it be moved up to a 50%. They would go up to-- well I'm
not going to add it up right now, but it would increase more than you're asking.
Cole Fazenbaker: We can include that in the mark-up session if you'd like -
Mayor Burk: Wait till then.
Cole Fazenbaker: -at the end.
Mayor Burk: Do you know how much? I guess, I'll wait till the mark-up session because you're going
to include all these amounts in there.
Cole Fazenbaker: Yes, we can do that.
Mayor Burk: Okay.
Kaj Dentler: Can I ask a procedural question? Cole is Tamara, are you loading that item into the
calculator now so that when we get to the mark-up, you have everything so they see the impact?
Cole Fazenbaker: Yes. I have a backup slide. That was part of the budget packet question, so we did
do that math already. We have all that impacts already for the--
Kaj Dentler: Okay, but I was looking more if you're adding it now, they just can't see it until we get to
the— No, okay. All right. As long as you're keeping a tally of what they're bringing up, we can add it in
quickly, so we don't get tied down into trying to type in the information mark.
Mayor Burk: That's important [laughs] because we most certainly want to be efficient as possible. Mr.
Bagdasarian?
Council Member Bagdasarian: Yes. I think that does make sense. I can't wait to see that in our
spreadsheet, to look at that whole impact because it's been a long time. Could you just explain a little
bit more what the idea behind the Park Day is, or what the thought is behind that?
Kaj Dentler: The Park Day, has been described to me, and the intent, is to basically have another
type of networking event that would be more of a picnic or outdoor affair for Boards and Commission
Members, Council as well, similar to what we do in April, but less more of a fellowship or opportunity
to be together versus specific meeting function.
Page 9IMarch 11, 2024
The reason you see at the bottom of that point under the Parks Commission, staff impact, staff has no
opposition to the event. You'll hear the same theme in the next topic, is if staff is being asked to put on
another event, we feel that you are impacting our ability to continue to provide that as things continue
to cumulatively pile up, putting myself in a position that eventually were going to have to ask for more
staff to do it. It's a great idea.
We're not opposed to the money, but if the Parks Commission or someone else is going to put the
event on, staff is not opposed, if the direction is for us to do the event, we'll do it, but in the future,
based on how things are piling up, I'm going to have to ask for more resources. It isn't just about the
money. It is about the people.
Council Member Bagdasarian: Right. Exactly. The human resources behind that. How would we be
able to gauge the impact on staff resources when evaluating this?
Kaj Dentler: How can we gauge the --
Council Member Bagdasarian: How do we evaluate the staff impact on this request or any other
request?
Kaj Dentler: First off, it's like any type of event planning. What's the project? What's it going to take to
put it on? What's the pre -planning? What's the planning the day before? What's the amount of work
that you have to do during the event, the setup, the event management, the cleanup? Staff is very
good at being able to project out what that impact is. It's a little sketchy in the sense of, at this point, of
what is the event. How many are we talking to our event. What's the amenities? It's really a Parks and
Recreation Advisory Commission question of what is their intent. I'm describing to you as best I
understand the request.
Council Member Bagdasarian: Yes. I think it'd be obviously useful to have an actual proposal that
outlines what are the costs, what are the staff impacts from a time perspective, how this will impact
everything else as an overall proposal for any request like that. Thanks.
Vice Mayor Steinberg: Couple follow-up, Madam Mayor.
Mayor Burk: Oh, yes. I'm sorry.
Vice Mayor Steinberg: Same topic. Did the Commission in any way indicate that they were prepared
to or could they actually be prepared to or could they actually be prepared to put on this event on their
own or would we absolutely require staff in the end?
Rich Williams: When the Commission brought this topic up and discussions for it, I made it clear to
them that this would be an event that they would have to run, they would have to produce. We could
provide some minimal logistical support, supplying chairs, tables, et cetera, but this would be on them
to plan. I would process the financials for them, but this would be on them to plan, and to implement,
and to wrap up. There would be, if all that goes as planned, knock on wood that it would, but it would
only at that point, involve day of staff supervision other than the logistics of bringing over the tables
and chairs.
Vice Mayor Steinberg: Okay. Thank you.
Rich Williams: The key is that they indeed do the planning and do the implementation of the event.
Mayor Burk: Interesting. Okay.
Cole Fazenbaker: The next section is the Extended Dining request.
Kaj Dentler: I'm going to ask Kate if she'll move the slides for me, but 1'11 do most of the presenting an
this one. This is a request for Leesburg Movement to close the streets on Saturday nights during the
summer. As you know, we've done that in the past and were already closed on Friday nights. Last
year, Council had this discussion and it was decided to remain with Friday nights only based on the
data and the amount of usership that was occurring.
Page 10IMarch 11, 2024
Obviously, last year we did not have a Saturday, and so the staff recommends that we remain on the
Friday, versus extending it to Saturday. There's really four main points, a little bit of a common theme.
One is that we just had that discussion again, and last year at this, we decided to stay with Friday
nights. We also think that Leesburg Movement should be considering something that is an alternative
for programming on Saturdays versus doing the same thing both Fridays and Saturdays. The idea
being increase the market in the draw to Downtown by doing something different versus doing the
same thing two nights in a row through the summer. The impact to the staff is significant, and 111 show
you a slide on that later. Obviously, it costs and it has an impact, but it's really our staff resources. We
haven't been increasing the staff, but we are increasing the amount of events and responsibilities that
we have.
The third point really is, my opinion, the Town and Leesburg Movement are going to have to have
some strategic conversations. We all support the Main Street Program, we want to see that happen
and be successful. They're doing some really good things, and there's a great future ahead. If the
arrangement to be is going to require or need the Town to be the backbone to make some of these
things happen in the sense of setup, clean up, operations, et cetera, even the pre -planning, there is a
significant financial cost to the Town that we've got to process. Every event is a little bit different, but
some of the events that we work with takes significant amount of administrative time long before this
event ever seen by the public. Discussion on what's the relationship and the expectations. If we want
to make an investment great, but just continuing to do it piecemeal is a concern to us.
The next slide, what am I talking about? This gives you some idea of the growth of events, and
activities that are occurring in the Town. Again, this is not one singular event. It's a cumulative effect,
and we see more and more coming. It's a great thing. That's part of what makes us successful. We're
trying to make these events and activities happen with the same resources. You can only pay
someone so much in overtime before they say, "No more. I don't want to do it. I can't do it," et cetera.
Want to mention in the bottom left almost about Leesburg Movement St. Patrick's Day, that's not
happening, but the amount of administrative time that staff has already spent to discuss that program
and work on that program has been completed. It takes away from the staff's core responsibilities of
our own events. Just process how that-- we still have our own jobs to get done, our core functions,
and there are more great events that are being looked at. Some of these things occur every year.
Some are smaller. Some are bigger. Some every other year type of thing, but this is intended to show
you a significant amount of growth and activities in our quality life, again, a great thing, but a
challenge.
The next slide, I believe shows the cost. Kate, correct me if I say this wrong. Option number 1 is the
proposal for Leesburg Movement to have both Fridays and Saturdays. The extra cost is $21,500.
We've already anticipated doing the Friday night so that's- but the total cost is $37, 800. The new cost
if we approve the Saturdays is an additional $21,000, all in overtime. Council Member Cimino -
Johnson asked a question, one of his budget questions that he forwarded to us was, "Does it really
take for people to run the event the night of?" The answer is, yes.
We've all seen incidents that have occurred on public events. We've seen cars driving through
barricades, saw horses in reality. It doesn't take much for a person to do some significant damage.
The best practices of events and street festivals have completely changed over time. There are two
Officers that are stationed there. Public Works employee and Parks Recreation employee. We have
to prevent someone from driving through but we also have to be able to open the roads quickly should
there be a fire if rescue has to come through.
Parks Recreation staff are there to be able to manage the events, customer service issues,
communications with the businesses, the public, et cetera. To provide it in a safe environment, the
answer is, yes, we do need those staff, but those are all overtime dollars. Again, it adds on to the core
responsibilities. At some point, staff burnout occurs. Our staff will make this work is the short story. If
the Council wants to do it, we will make it work. I'm going into a position where I'm being pushed if I'm
going to have to ask for more staff.
Council has expressed a desire to keep the tax rate the same, some want to reduce it. We have staff
that make things happen or make the quality of life important. That's why I put the compensation
package forward to you for their performance evaluation and a COLA and I hope the Council will
Page 111March 11, 2024
approve that because it is the staff who are the ones who are making this work. It should not be
discarded in what we're doing. We have concerns. We're not opposed to it if you want to do it, but we
think it should be something different. If you want to do the same thing, that's fine. We also need a
strategic discussion with Leesburg Movement of where are we going and how much is the Town
going to put in to the game to make things work. Just bringing that to your attention. I think that is the
core presentation on this particular item. I'm happy to answer any questions that you have.
Mayor Burk: Anyone have any questions at this point? Really? St. Patrick's Day Festival, we couldn't
get going? [laughs]
Kaj Dentler: I don't think it's quite ready for prime time.
[laughter]
Mayor Burk: We think that would be up on top, first--
Kaj Dentler: Yes.
Mayor Burk: Okay. Mr. Bagdasarian.
Council Member Bagdasarian: We do our own St. Patrick's Day Festival. Even the prior requests,
what rubric or mechanism do we have to evaluate the proposals or events that require either financial
commitment or staffing involvement? Is there a way that there's some format or some valuation tool
that exists that we can use to evaluate proposals?
Kate Trask: Certainly. Any event that comes to the Town fills out an event application to get a permit.
We take that based on what that event organizer is looking to hold. Is it a street closure? Does it have
alcohol that requires perhaps additional security? Is it an overnight event? We get that. Linda
Fountain, the Event Manager, basically walks event organizers through this application process so
that we can get as many details as possible from the event organizer. That tells us how many staff we
need, and then we can price it out from there.
It sounds rather simple, but we bring the whole community events committee together, Public Works,
PD, Zoning, the Park staff, Economic Development, and our PIOs all sit and review applications. We
make sure that we've covered all of our bases, and then we give that proposed cost to an event
organizer. Some events won't have a cost because they're on private property, but that goes to the
point that there's administrative services that we do so that, for instance, the Village might put on, say,
their Ice Sculptor Festival.
That's on private property, but Linda still does that work to make sure that all of the needed zoning
permits or fire marshal permits are needed. Is it a high -risk activity that we might need to engage our
police in? There's definitely a vetting process.
Kaj Dentler: I think it's important to note that a lot of the potential event organizers who want to do an
activity big or small often don't know what they're doing. They have a great idea and they want to do
something special --[laughter]
Council Member Bagdasarian: Are you pointing your finger at me?
Kaj Dentler: Not you, of course.
Council Member Bagdasarian: What are you doing?
[laughter]
Kaj Dentler: They don't understand the process. They don't understand how fire and rescue has to
get through, how it impacts the businesses or the churches, the community, et cetera. It takes often a
lot of time from staff to walk through that process to realize as Council Member Bagdasarian you'd
Page 12IMarch 11, 2024
recognize with Crossroads just closing the street to set up the Courthouse lawn was a significant
discussion that was required and logistics to be worked out.
There are challenges with that, and that may eat up a lot of the staff time that ends up with no event
or with another event. I know there is one event that's been proposed for a marathon in Town. If you
can imagine a marathon running through Leesburg or most of Leesburg, that's a pretty significant
manpower/womanpower event that we may not be able to make happen, but we go through the
process, and that eats up a lot of administrative time.
Council Member Bagdasarian: I'd love to see Leesburg Movement where this fits into an overall
plan. Actually, this is closing the streets on Saturday, part of this broader integrated approach for the
Downtown driving traffic to the Downtown. I think that would help in that whole decision -making
process. Thanks.
Mayor Burk: Vice Mayor.
Vice Mayor Steinberg: Yes. As we know, we did have this discussion already, and based on data
available, we determined that it really wasn't effective to have street closings beyond the number we
finally decided on. I'm just curious, does the Loudoun Movement or even the EDC have additional
data upon which they're basing this request or is this just something they think might be a nice thing to
do in effect? I don't know if Russell has any comments about that if he knows what they base their
decision on.
Kaj Dentler: I have not seen any data presented from Leesburg Movement or anyone else, EDC
included, that has challenged the data and observations that staff has had for the last couple of years
on the Friday/Saturday. Am I correct?
Kate Trask: The only data that I believe John Papp, when he petitioned the Council to consider this
request, that the Leesburg Movement had the street closure survey that they had done that they
provided to Council, it's not necessarily data what the Saturday impact is, it's more about the overall
feeling of businesses and their-- It's both positive and negative comments are in there, but that was
more about their feeling of whether it helps their business or not, but not hard data.
Vice Mayor Steinberg: Okay. If I understand what the Town Manager said, even if for example, as
has happened in the past where private interests were footing the bill, it's still a burden on staff.
Regardless of the actual cost for certain things regarding the event, the staff time comes in no matter
what. Is that correct?
Kaj Dentler: Correct.
Vice Mayor Steinberg: Okay. Thanks.
Kaj Dentler: One event that has shown great success, I believe, is the Halloween event in
Downtown. It's grown and grown and grown. We didn't use to close the streets, but because of safety
concerns, now we do. That's a staff impact. It's great for the Town, and we're happy to do it, but there
is a cost. Cumulative again, these pile up. The number of staff are not increasing. We keep going to
the same well, and so that's really the concern. Really, our recommendation is let's get engaged with
proactive communication with the Leesburg Movement. Lets begin to talk about the things they want
to do that we can do and how do we work together.
Mayor Burk: Okay. Mr. Cummings?
Council Member Cummings: I just want to make sure I'm using the right number. The amount that
for just the Friday evening that we already have anticipated, where is that money coming from?
Kaj Dentler: The money that we've already budgeted?
Council Member Cummings: Yes.
Page 13lMarch 11, 2024
Kaj Dentler: That's through general fund cost. It goes into their personnel accounts for overtime
costs.
Council Member Cummings: If we were to add both Friday and Saturday at that additional $21,000,
do we have a sense of where we would pull that from to do that?
Kaj Dentler: Council would have to add --You would have choices. You would have to add the 21.5 to
the budget because it's not programmed in, or you'd have to make reductions somewhere of 21.5.
Council Member Cummings: Okay.
Mayor Burk: Okay. I'm not quite sure why the Saturday thing has come up again. Only because we
looked at it previously, and as Vice Mayor made the comment about, we looked at the data. I live
close enough that I walk Downtown on the weekends. I can tell you that the Saturdays diminished and
there was many less people coming to the Saturday. It was almost like people were tired of it. I would
be reluctant to put back on the Saturday night.
We've done it it didn't work particularly well. I know that there's a lot of ideas out there. Maybe there
could be something else that was done, but I think it goes back to your discussion. It's the whole thing
about there has to be a really serious discussion with the Leesburg Movement group to find out where
is it going to go. We do have in the budget for them to have a part-time Director, correct?
Kaj Dentler: Correct. There's $30,000 in the proposed budget for part-time staff. I have always
anticipated that I will propose, as soon as the Leesburg Movement is ready, to propose funding a full-
time Executive Director. We have office space that we have ready for them when they are ready, and
then whatever else we're looking to do. I think beyond that, when we get into the events, is really what
do both sides want to get done, and how do we help them, and make sure Council understands what
your costs are, that what is your investment?
Mayor Burk: What are you asking of us tonight in regard to this?
Kaj Dentler: I'm presenting to you the request that Leesburg Movement has made to close Saturday
nights, which would be, to do that you would have to add $21,500 to the budget or make reductions of
equivalent amount. Our staff recommendation is not to do that, and to engage in a conversation with
Leesburg Movement, looking further ahead of how we work together, what other things could we do,
and then recognize, let's define the cost, and come back to Council.
We don't have to wait till next year's budget process. We can, but we can engage in that right away
and come back to Council at the appropriate time to have a discussion, amend the budgets if that is
something that you're ready to do, but certainly no later than next budget year.
Mayor Burk: Okay. All right. Anyone else have any questions? No. All right, thank you. The next item
is Utilities. You are lucky you get it twice.
Amy Wyks: Two for one tonight. Good evening again. Amy Wyks, Director of Utilities, here to give an
overview of the Utilities Fund proposed budget for fiscal year '25. The utility system provides water
and sanitary sewer system for our customers, includes water treatment, the distribution, collection, as
well as wastewater treatment. From a budget standpoint, we're funded solely through availability and
user fees and charges. As you know, the General Fund revenue (taxes) are not used to fund the utility
system.
Our proposed FY25 budget consists of approximately $31 million in operation. That does include debt
service; and approximately $14.5 million for our capital projects. This chart here shows the difference
from 2024 adopted to 2025 proposed. As you know, on January 6th of this year, Town Council
adopted the five-year rate plan. This will be the first year of the five-year rate plan with fees effective
as of July 1 of 2024. The average is a 4.1% rate increase across water and sewer. We do have one
proposed enhanced position related to a Water Treatment Plant Operator.
The focus of the utility rate study was to continue high quality of service, comply with Federal and
State environmental regulations, and to have a sustainable long-term financial plan. The proposed
Page 14IMarch 11, 2024
Fiscal' 25 through 2030 Utilities CIP, which is a six -year CIP, is just over $80 million with 16 projects.
There are two new projects in there. We talked previously about the Lead and Copper Rules. We did
have $3 million in there related to that, and we've talked about at the Water Pollution Control Facility
needing to do nutrient and liquid processing improvements related to our solids. For just' 25 of that,
it's $14.5 million.
This shows a breakdown of the 14 and a half and the various projects. Wth that, the questions and
answers for Utilities.
Mayor Burk: Okay. Thank you. Anyone have any questions on this one? Yes, sir.
Council Member Cummings: The Water Treatment Plant Operator, the enhanced position, just
because I'm curious, and I don't know, is there multiple operators and this is just another operator to
add into the mix, or is this a new position that we haven't had before in the past?
Amy Wyks: We have Water Plant Operators today. [crosstalk] It's an additional. Yes, it's our first one.
No, it is an additional full-time equivalent position that would be a Water Plant Operator. Typically, we
hire as a trainee, and then as they progress through, they earn their Iicensure insured in order to get
to be a Class 1 operator. It's an additional operator. Wth data centers, in the summer, we will be
needing to go to 24 -hour operations at the plant. That helps with the shift schedule and making
certain that we have the coverage 24 hours a day.
Council Member Cummings: Thank you.
Mayor Burk: Okay. I do want to compliment you. The other day, we had a meeting, Ridgeland,
Mississippi came, and they wanted to know about how did we deal with data centers and water usage
and sewer usage and all of that. It was two guys, engineer types, I guess, but you handled yourself so
well and you were so full of knowledge that they were just blown away. I want to thank you and
commend you for doing that because it was really very impressive to see you. They'd throw a
question at you and you would just give it right back. It was really impressive. Thank you. All right. So
now--
Kaj Dentler: We've added on the items for the Planning Commission, the BAR, and the BZA. If you
wish to proceed with those, at least you have an idea of the impact that has.
Mayor Burk: Is this on our computer at all or do we have to look at the screen?
Kaj Dentler: You have to look on the screen because they're doing it live.
Mayor Burk: Okay. The Planning Commission, the Board of Architectural Review, and the Board of
Zoning. How does that impact the tax rate?
Kaj Dentler: If all three of those were approved, you go from 17.74 to 17.79.
Mayor Burk: This is not a one-time occurrence, so this is not something that could be taken out of
leftover funding or something.
Kaj Dentler: Correct. Its a recurring cost.
Mayor Burk: Okay. Forgive me for forgetting the process of this, but we can't vote on this tonight.
Kaj Dentler: No. Anything that you were to do would just be straw votes at most, nothing binding, no
formal votes. What this does for us is gives us an idea of where you're going so we can begin to
prepare the numbers if we need to get you more information, to make your decision, also all the final
legislation that we have to get done between now and your vote on Tuesday night.
Mayor Burk: Okay. Mr. Cummings.
Page 15IMarch 11, 2024
Council Member Cummings: You asked my question. Can someone add those for me? What is that
total? Around 60?
Tamara Keesecker: 61.03
Council Member Cummings: 61? Okay. Thank you.
Mayor Burk: Is there anything else anybody would like to have put on there, taken off? We had
requests from the different Commissions. Anybody interested in adding those on? Mr. Dentler, the
request for those, could those be taken out of leftover funding because those would be one-time
items?
Kaj Dentler: I'm just looking at the list. COPA has asked for $3,000.
Mayor Burk: Correct.
Kaj Dentler: Diversity Commission $4,650, Parks Commission is $6,000. Unless I'm wrong, staff,
Council could use Unassigned Fund Balance for that $13,000 since at this point they're a one-time
cost, but I think you can also expect that the COPA events and calendar for $3,000 is going to
continue. They're probably not going go backwards. The Diversity Commission Web site is going to
be recurring. The $6,000 for Parks Recreation is an unknown. I think it would be safer to say that the
$7,650 for COPA and the Diversity Commission are recurring costs, based on the way I see it.
Mayor Burk: I don't know that I agree with you on that.
Kaj Dentler: Otherwise, you'll have to fund it next year. Just looking at what they're requesting, the
Diversity --
Mayor Burk: I fear they may not. There may be something different that they're interested in doing or
something not interested in doing.
Kaj Dentler: It's possible, but they'll have to come back. COPA is related to the calendar and
Diversity's Web site is probably not going away or backing up, but you can manage it for one year and
see where it goes. Yes, you can do that.
Vice Mayor Steinberg: The web site should be a one-time expense. This is writing code basically to
make the web site, if I understand it correctly, more user-friendly from a language standpoint.
Kaj Dentler: Fair point. Let's use that. Is that a one-time add, or is it an ongoing cost? Do you know
that?
Cole Fazenbaker: I don't know.
Kaj Dentler: Okay. You may be right on that. Its a fair question. I may be wrong on that. We can find
that out.
Vice Mayor Steinberg: I wouldn't mind putting those items up with the exception of the Loudoun
Movement, just so they can be there and then we can consider.
Kaj Dentler: You want to add it in related to the tax rate or Unassigned Fund Balance?
Vice Mayor Steinberg: I'm sorry?
Kaj Dentler: Would you want all that to be General Fund or Unassigned Fund Balance?
Vice Mayor Steinberg: I assume that the web site thing would be unassigned. Of course, the
calendar, that would be an ongoing thing. What's the third item? I forget.
Kaj Dentler: It's the Park Day for $6,000.
Page 16IMarch 11, 2024
Mayor Burk: To me, that seems like an awful lot of money for a Park Day. I'm not sure where they're
coming up with that particular amount of money.
Council Member Cummings: Trip to Disney.
Mayor Burk: A trip to Disney.
Kaj Dentler: I haven't seen any of the information of what that consists of. We could try to find that
out between now and then.
Vice Mayor Steinberg: ,at I'm thinking is if we could just park it here for now so that we don't have
to try to dig back through here and figure out what we want to do.
Kaj Dentler: Sure.
Vice Mayor Steinberg: Okay. Thanks.
Mayor Burk: Does everybody agree that they want that information up there now? I just want to make
sure everybody's comfortable with that. Okay. Mr. Cummings.
Council Member Cummings: I just had a question because we didn't really touch on it yet in public.
Does budget staff have an idea of what our anticipated Unassigned Fund Balance will be heading into
fiscal year' 25 or in fiscal year' 25, obviously beyond that 20% fiscal policy?
Cole Fazenbaker: We may have answered it in one of the budget packets, but it's approximately $10
million.
Mayor Burk: $10 million?
Cole Fazenbaker: Yes, but with the caveat, that could change because it's a formula. Depending on
how much we spend at the end of fiscal year 2024, that's basically a denominator for the next year's
calculation. That's a good ballpark number to use.
Council Member Cummings: Then I had one question not related to this if that's okay. Is that okay?
I want to --
Mayor Burk: That do you mean its not related to [crosstalk]
Council Member Cummings: It's not related to any of those items, but it may have to go on there.
So I wanted to ask. We have the speed camera revenue already going to the General Fund. I wanted
to see-- I know we talked about this in our one-on-one budget meeting, and I appreciate your answer,
but I wanted to talk about if it's possible this fiscal year, 2025, to redirect that to be used for
reengineering and road work on the road that the revenue was captured at, because my aim is to
ensure that these speed cameras and everything we're hearing is the most, biggest bulk of the
revenue is coming in the first year.
I want to make sure that were using that revenue from those speed cameras to go to engineering our
roads to make them safer for when those cameras aren't operating but children, adults, and pets are
crossing the road, and we need to slow cars down then as well. I don't know if that's possible tonight
or if that's a longer conversation.
Cole Fazenbaker: Going back to our previous conversation. That $500,000 is budgeted to support
the recurring expenditures in the FY25 budget, but anything above and beyond that $500,000 is not
spoken for. That could be used for those engineering projects.
Council Member Cummings: 1 don't know how to do this [inaudible] the procedure to do this, but I
would like to see any amount above the already budgeted revenue from the speed cameras to go to
Public Works for reengineering of the road or roads that they were captured upon.
Page 17lMarch 11, 2024
Mayor Burk: So, so that won't --
Cole Fazenbaker: That won't have a tax rate impact, but that's something that we can put in
legislation. [crosstalk]
Kaj Dentler: Correct me if you have a better idea, but I think to move your idea along, you really
probably, should provide study money or design money that you can use out of this Unassigned Fund
Balance to help get that project started, and then anything over the $500,000, you could basically
send back to offset that. My point being, I think if you're waiting for us to hit that threshold, you may
only have a little bit of money to work with, and it may take years to be able to move that project. My
advice is, if you wish to do that, which is worthy, then use your Unassigned Fund Balance to help get
that started and what that looks like.
Council Member Cummings: I'm trying to remember. I feel like the last meeting the Vice Mayor
brought up Catoctin Circle and East Market from Mom's Apple Pie to the overpass there. Is that,
where are we with that?
Kaj Dentler: We have definitely looked at that, I believe, Renee can correct me if I'm wrong, and
begin to establish some funding that could be done for that. That's why I think Council can consider
that. Renee, if you can, or you or Doug can. I know Renee's voice is challenged. I think the goal would
be to get that project started and provide funding, possibly from the Unassigned Fund Balance or
other source that you approve as part of the budget this time so we can start that because I don't think
that waiting for the overage over 500 will take you too long possibly to make any progress for years.
Council Member Cummings: I guess fll throw up to piggyback on the Vice Mayor's suggestion at
our last meeting to go ahead and use this Unassigned Fund Balance for whatever amount we feel is
needed for a study for Catoctin Circle and to study traffic calming and reengineering to make safer
Catoctin Circle and East Market.
Kaj Dentler: I believe Mr. David has some information on what those costs would be for what you're
looking at, useful in that.
James David: Thank you. James David, Director of Community Development. The area that the Vice
Mayor and Council Member Cummings have brought up is a part of the Crescent District Master Plan.
The Town Plan supports streetscape improvements, as does the update that were working on right
now. We took a look at it, and for those segments you're talking about, potentially looking at design,
surveying, and other planning work could be upwards of a total of around $315,000 per road segment.
For that segment of Market Street from Mom's Apple Pie to the overpass would be one, and then the
other would be Catoctin Circle pretty much from King all the way over to Market.
The surveying would be around 120, design 175, and then $20,000 for community outreach. If the
Council did wish to consider it, I think putting funding to the amount of $630,000 in the CIP
somewhere would be a great start at moving towards that policy and that goal.
Council Member Cummings: Okay.
Mayor Burk: Has that accomplished that?
James David: Yes, ma'am. Working with Stantec, who's our consultant working on the Crescent
District Master Plan update, their planning and engineering, those were numbers that they gave to us
as estimates to get things rolling.
Mayor Burk: Okay. Thank you.
Council Member Cummings: Perfect.
Mayor Burk: Is that done? Okay. I'm still struggling on the Parks and Rec Day. When we get our
Boards and Commissions together in April, I'm not quite sure what the purpose and the reason for the
Parks and Rec Day is. I might struggle with that one a little bit. Anyone else have anything at this
Page 181March 11, 2024
point that they want to add on/delete? The calendar for this is very shortened. It's on the back --
tonight we've done our first mark-up and the final mark-up is next week.
Kaj Dentler: It will be Monday and then vote on Tuesday because we've moved everything up due to
the spring break conflict.
Mayor Burk: Okay. Mr. Cummings.
Council Member Cummings: I just have one comment and I had a long conversation with myself
today about whether I was going to bring this up. I noticed in the budget we have $10,000 and again,
its not a lot of money, but it could go to find a way to pay for a salary increase for our very
hardworking Planning Commission. We have $10,000 in for the Council Retreat, for the facilitator.
As much as I've enjoyed the two Council Retreats, I've sat through, really am not quite sure that if
were in a lean budget if that $10,000 is really necessary. Again, I'm coming from my point of view is
that I feel like what is created from that Retreat is like a workflow. I'm not sure that couldn't be
achieved at a early work session with staff and Council and the new Council Members talking through
what their priorities are.
The idea for me of a facilitator is more someone who can push the dialogue and big picture items, big
conversations about the 20, 30, 40 years down the road for the Town. The last two that I've sat in, at
least from my perspective, it's much more a work plan for the Council of the next two years. I'd rather
see that $10,000 go towards our Planning Commission and getting them some more salary for all the
hard work they're doing.
Mayor Burk: That sounded like that was a good conversation you had.[laughter] I hope you agreed
with yourself. Okay, so that's up there. That would be a minus because you'd be taking that off. All
right. Anything else at this point? Yes, Mr. -- sorry Dr. Cimino -Johnson.
Council Member Cimino -Johnson: Thank you, Madam Mayor. I'd like to look at adding a
Performing Arts Commission starting in 2024 because I know that the Parks and Rec this is an area
they've talked about, but its not an area that they really are experts in. I'd like us to really see us add
this and I come up with around $11,000 for that. I'm spending your money, Zach.
Mayor Burk: AM right. Did you want us to do straw poll on this when were done tonight?
Kaj Dentler: You can if you'd like. It's entirely up to what you want to do. I was just going to ask, is the
11,000 that he asked, is that consistent with the Commission's stipend, so that amount? Okay.
Mayor Burk: Well, let me ask you all, do you want to go through this tonight and go through each one
line by line and see if we have four people that are interested in it?
Council Member Cimino -Johnson: I'd like to wait on the items that we added at the top, just so I
can look at it a little bit more. The Parks, the Park Day.
Council Member Bagdasarian: Yes, I would like to also have some discussions on some of these
prior to straw polling it tonight.
Mayor Burk: Okay. Then we need to have the discussion tonight because we've only got tomorrow
and one more day.
Council Member Bagdasarian: Okay.
Mayor Burk: Can we have the discussion tonight?
Council Member Bagdasarian: We can.
Mayor Burk: Are you trying to postpone it for another night?
Page 191March 11, 2024
Council Member Bagdasarian: No, no. Well, for example, I'm all for a Performing Arts Commission
but I'm just wondering if that would fit in with the current Commission on Public Arts as far as
modifying their charter specifically? No.
Mayor Burk: Logically you would think it would in that you're talking about art, but I guess it's different
types of art that you're talking about.
Council Member Bagdasarian: Well it is, and I know COPA has traditionally been more visual art,
but it doesn't really specify that in the charter. That's why I'm wondering if it would make sense to be a
part of that.
Mayor Burk: Commission on Public Art? What would a Commission on the Performing Arts do if we
don't have a performing arts component yet? What would it do? What would you envision that it would
do?
Council Member Cimino -Johnson: What was your question? I'm sorry.
Mayor Burk: If we don't have a performing arts, the Town itself doesn't have a performing arts
component to it, what would a Performing Arts Commission do at this point? That would you envision
they do?
Council Member Cimino -Johnson: Well, that's the starting point, is to create it Once we create this
Commission, then they set out to bring us performing arts to the Town, because right now we don't
have a Commission dedicated to that.
Mayor Burk: Excuse me, I just want to make sure I understand. You're saying that they would
manage, they would get groups here, they would get entertainment —
Council Member Cimino -Johnson: Events. Yes.
Mayor Burk: Okay. Does everybody understand that aspect of it?
Council Member Cimino -Johnson: I know that COPA has had members with backgrounds in
performing arts and they don't seem to stick around because their mission really is public art, displays
of art.
Mayor Burk: I guess my concern would be that I don't, and I've said this publicly before, I don't
believe the Town should be running or managing a public art component. I just don't think that's the
role that the Town should be playing, but that's my personal opinion.
Vice Mayor Steinberg: Well, if everyone paid attention to the conversation we had with the Liberty
Street project, an important part of that, an important component of that would be a management
company. The Town would not, I don't believe, and Councilman Bagdasarian can back me up on this,
that our intent is to have the Town running a performing arts center. This would be outside
management that would be professional and would be plugged into regional performing arts, as well
as trying to also schedule for the various local groups who also need a place to play, so to speak.
I appreciate the sentiment, but I'm not sure were there yet in terms of establishing a Performing Arts
Commission. I would worry that it might at some point become somewhat redundant if we've got
professional management companies that are actually, should we ever get a performing arts center
that are actually managing that. I'm still not quite sure how we would employ it.
Mayor Burk: Okay. Kari, Ms. Nacy.
Council Member Kari Nacy: I was just going to add one more thing if I could.
Mayor Burk: Can we come back to you? Let's finish this discussion since it was brought up and then
we'll-- Mr. Bagdasarian.
Page 20IMarch 11, 2024
Council Member Bagdasarian: I'm wondering, since we do have this initiative underway with the
Liberty Street project, I'm wondering if it would make sense to have additional representation in that
group from performing arts organizations because there is that-- for one thing, I'm all for performing
arts, obviously in the Town. The question is how best to equip the Town and citizens to participate in
that whole process.
If there's a charter that you have in mind specifically, that's something that we could certainly explore.
I'd be completely open to looking into that if there's a clear charter for this organization, but I'm just
wondering if it would make sense to increase the circle a bit with the Liberty Street project because
that is all about a performing arts center. Very much about it.
Council Member Cimino -Johnson: What you also brought up in the past about the amphitheater, so
there's something else that we talk about wanting performing arts, but here we are teetering on the
edge of, "Well, but do we really?" So, it's show me your budget and 111 show you your values. If you
don't want a Performing Arts Commission in this budget, then please stop telling me that you want a
performing arts center, you want anything in this Town because what I'm hearing is quite the opposite.
Council Member Bagdasarian: I guess the part that I'm not crystal clear on is the charter for the
organization.
Council Member Cimino -Johnson: That's why I wanted to take this offline, do research outside of
this, send emails, figure out what we're talking about each of these because I don't know if we have
enough information to vote on all of these.
Council Member Bagdasarian: I agree. That's where I am with this too because I would like to have
a greater understanding of what the actual mission, purpose, and charter of this organization is before
voting on it.
Mayor Burk: You don't want to talk about it tonight then?
Council Member Bagdasarian: Oh, we are.
Mayor Burk: [laughs] No, we don't have to.
Council Member Bagdasarian: Well, not completely because this is really --
Mayor Burk: If you want to wait and talk about it, are there four of you that would like to wait and talk
about it? Are you looking to talk about it tomorrow or are you looking at talking about it the final night
of the budget?
Council Member Cimino -Johnson: Next Monday, right?
Kaj Dentler: Right. Tomorrow night is a public hearing on the budget, so you can talk about it again.
Monday is your final mark-up session on the budget. All direction you provide us at that point or by
then will load into a final legislation for Tuesday. You could still make adjustments, on the fly, but
allows finance staff to have opportunity to get the numbers right when you make the final vote next
Tuesday.
Mayor Burk: Do people want to wait? I'm getting back to you; I haven't forgotten. Is it that we want to
wait? Are there four people that want to wait?
Council Member Cimino -Johnson: Yes.
Mayor Burk: AM right. Ms. Nacy.
Council Member Nacy: Thank you. I would like to add a one-time thing. It would come from
Unassigned Fund Balance, a $25,000 donation to LAWS to help build their new location in Leesburg.
Mayor Burk: All right. $25,000 donation.
Page 21March 11, 2024
Council Member Nacy: 11 doesn't have to be that number, but we can just talk about it. I do think that
I would like Council to make some sort of donation for them to actually build the shelter. We've done
what we needed to do to support them when it came to zoning and that sort of thing, but the long pole
in the tent for them obviously is getting the money to build the location. If our residents are going to be
users of it, I think it would be a good display of support.
Mayor Burk: One thing I want to caution, having gone through this previously before, if you are doing
that now for one nonprofit, you are going to get requests from other nonprofits and you will have no
reason to say no. Keep that in mind. If you're going to do this, you're opening the door to all the
nonprofits that are involved in Leesburg, which are many, many, many.
Council Member Nacy: That makes sense and just something for us to put up there and talk about
next Monday.
Mayor Burk: All right. Keep that in mind.
Council Member Nacy: You can mull it over.
Mayor Burk: Because that was the most painful thing experience. We used to put a certain amount of
money for non -profits and then they would come in and they would beg for their part of it. You had to
say no and you had to say yes. It was very painful. We ended up realizing that we were not doing a
great service to the community because we were supporting some and not supporting others. Then
we ended up with the County taking over a huge portion of it and they do it. Just keep that in mind.
Anything else anybody wants-- yes, sir.
Council Member Cummings: I just had a question kind of piggybacking off of what Council Member
Nacy brought up, and I think Director James is here, so that'd be helpful. When, and if they come --
they will need to come to us with an application to build the shelter, right?
James David: The zoning changes the Council adopted, it would be a buy -right use.
Council Member Cummings: They'll still have to file some paperwork and pay a fee, right?
James David: Correct. Site plan.
Council Member Cummings: I'm hearing what the Mayor says. Are we legally allowed to allow them
to pay us those fees and then refund the fees to them as a donation to help offset the cost of building
the shelter?
James David: If you recall fee waivers came up as a topic when we were discussing affordable
housing, we would have to make some changes to the Town Code in order to enable fee waivers.
Kaj Dentler: Maybe you can rephrase it. Could the Town pay the fees on behalf of LAWS through
your on -a -side fund balance versus a fee waiver?
James David: Mr. Spera.
Chris Spera: There would not be a legal prohibition.
Council Member Cummings: Perfect. Maybe a way to help and protect us and make the County be
the bad guys.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Oh.
Mayor Burk: Dr. Cimino -Johnson.
Council Member Cimino -Johnson: That's a mistake.
Page 22IMarch 11, 2024
Mayor Burk: All right. Are we done with the budget discussion? You all are going to discuss further
among yourselves, get some more research, and find out where you want to go. All right, so this will
come up Monday.
Kaj Dentler: We'll have this tomorrow night in case there's a question. Well have it in your packet for
Monday as well. Well also see if we can get any more information on the Park Day for you in
between. You may get some yourself faster but thank you.
Mayor Burk: All right, the next one is the Zoning Ordinance Rewrite. Mr. Markel, it went from being
very cold to being very hot. [laughs][crosstalk]
Kaj Dentler: You have 10 minutes. I think Mr. David has asked for 15, but he thought he'd get done in
10.1s that right, Mr. David?
James David: I 'll try my best. There is quite a few slides. I'm going to zip through them. Good
evening. Tonight's item is a progress report on the Zoning Ordinance Rewrite and more specifically
drafts Articles 1-4. The project budget is on budget, so 1 won't be asking for any additional dollars for
zoning tonight. Just a lot of information. Today, we've held a total of 12 public outreach meetings. I
wanted to emphasize that we've gotten onto the community. We've had nine focus groups with
residents and workers who use the Ordinance on a regular basis. We've had three general public
open-door meetings. We got about 50 people total at those three meetings and all of that feedback
was attached to your item tonight. If you want to review it and take a look at what the community's
saying about zoning. The consultants also completed a Code audit that's available on our project
webpage, leesburgva.gov/zoning ordinance rewrite. The consultant has delivered drafts Articles 1-4.
What is Articles 1-4? Article 1 is General Provisions, that is your jurisdiction authority measurements,
allowances.
Article 2, zoning districts, and dimensional standards. That's the zoning map and accompanying
regulations for residential, non-residential mixed -use, special purpose, et cetera. Article 3 is your use
regulations or how we categorize land uses the structure of the use table and any standards
associated with those uses. Article 4 is your development standards where we talk about buildings,
architectural control, district parking, loading, tree preservation, landscaping, buffering, el cetera.The
consultant's approach has been to be as simple as possible to try and balance the vision of the Town
Plan with the market -driven realities of Leesburg to create value where we can find it, such as
streamlining review processes and procedures, and also realizing that we need to look at this through
the Leesburg lens. It's not a one -size -fits -all approach. The goals of this project, just as a reminder, to
implement your new Town Plan, to revise that Crescent District, streamline cleanup, and modernize
the Ordinance.
What do I mean by that? What we've already begun to reorganize, we've cut from 18 articles to 9. As
far as streamlining processes, were looking at ways we can codify standards so that they're in the
Code rather than needing to go through a legislative process. There's also some cleanup where were
doing internal consistency cleanup as well as removing excess regulation and then modernizing
according to best practices. As I mentioned, were engaging the public throughout.
A reminder that we're also moving to a new online zoning platform. This will be more interactive, like a
web site for your Zoning Ordinance. It'll have hyperlinks and it'll have pop-up definitions. In fact, the
Leesburg site is already constructed. We've already built out the existing Zoning Ordinance. That's
your landing page right there. In the back end is where we are making our edits and revisions and
commenting on the draft text. A little bit deeper into each article, and I did not have the text delivered
tonight.
The text is not quite ready, but the purpose is just to give you a little more meat on what were doing
and see if were rowing in the right direction. See if you have any feedback. Not much changing in
Article 1. As! mentioned, this is your basic legalese. We're cleaning up a little bit there, adding some
more graphics, looking at the allowances section. Zoning districts, Article 2, is where we begin to
make some key changes from the existing Ordinance. We're looking at aligning our zoning districts
based on the new Town Plan character areas.
Page 23IMarch 11, 2024
That includes a new descriptive naming convention that I'll gel to in a second. We're looking at trying
to be consistent in terms of format, and were adding minimum requirements for community amenity
and open space. That was something that was very strong in the Legacy Leesburg Town Plan.
Proposed to go from 16 to 14 base zoning districts, and across the top is our zoning designations
currently. Across the bottom is what we are proposing in terms of consolidation or getting rid of some
districts or creating some new ones.
I won't go into all those acronyms, but just know that the idea is to move away from the arbitrary
numbers and go more towards descriptive naming conventions that match the character areas. For
example, MU is Mixed -use, IC is Innovation Center, RU is Residential Urban, RM is Residential
Mixed, CN Community Neighborhood, DT Downtown. We're also making some changes to the
Ordinance in terms of adding graphics. This is just an example of how you can visualize the standards
through graphics.
Here, you can see how we're using graphics now to illustrate topics, like setbacks, building height,
density, lot area. I mentioned community amenities. This is a new add to the Ordinance where were
looking at requiring minimum requirements of percentages of the project that go towards amenities or
open space. We're expanding what we mean by amenities or open space, not just your typical green
open space, but also things that could include site improvements like enhanced parking lot
landscaping, greenways and linear parks, and squares.
Adding some regulation but then also adding alternatives for how you can meet that new regulation in
terms of amenities and open space. Use regulations. Here, were entertaining the new idea of use
categories. We've heard a lot from Council and others that we need a little bit more flexibility. I think
you have seen in my tenure here, we've brought forth many zoning amendments where were adding
one use because it didn't exactly say that use in the zoning code. By moving to use categories, what
we can do here is, as you can see on this slide, down the left, is the use category.
You can say okay, well, if it's an office and it meets the characteristics described in the use category
as evidenced by maybe some examples there, then the Zoning Administrator has the ability to make
that call. It doesn't have to specifically say financial institution. If it's close enough to the use category
of office and it has the same impacts and characteristics, then we could allow it in that zone. A
different way of organizing and thinking about your land uses.
The other change in terms of use regulation is being more explicit about what a primary and
accessory use is and also introducing a feature known as limited uses. Again, looking at ways to
streamline process, a limited use would be something where if they met the standards or criteria of
that use, it wouldn't necessarily need to go through a legislative process for approval. The idea is
you're codifying standards, removing some of the process, removing some of that legislative, as long
as they meet the intent of the limited use.
Okay, development standards. This is Article 4. Key changes here is trying to make it easier, so
consolidating what's applicable. If I'm a Developer or a person looking to a build, then I come to this
new table, I see what type of development I am, and then I go across the table, and I can see, okay,
what applies from the different divisions of the standards? Do I need to go to the sign section, outdoor
lighting, building design, et cetera? Just different ways that the consultant is introducing more
usability.
The other thing you'll see there on the third bullet is were adding standards for bicycle parking. The
Town doesn't have that right now, and we are looking at haw can we add some minimum
requirements where it makes sense, maybe in mixed -use projects, maybe in certain non-residential
projects where we have the bike parking infrastructure. Just one step towards that multi -model goal
that we heard a lot of in the Town Plan. Trying to make buffer yards and landscaping a little simpler,
as well as incorporating a sustainability index.
Let me go to that right now. This is the bike standards, but looking at the landscaped and buffer yards,
introducing more of a typology system with a table where you can easily read when a certain type of
buffer is required, this what it means. X number of medium canopy trees, X number of evergreen
trees X, number of shrubs, adding some graphics. Again, just trying to achieve that landscaping goal
with a little more certainty. Then the sustainability index is a really interesting concept.
Page 241March 11, 2024
We talk a lot about sustainability, and we are looking for ways to incorporate that into the Zoning
Ordinance. Now, in the State of Virginia, it's difficult just to come out and require people to use green
building practices, but you can incentivize them. The concept here is if a project introduces
sustainable features, such as green roofs, low -impact stormwater management, eaves, working
shutters, et cetera, they can get some points for those items that they put into their development and
a certain number of points could equate to some sort of incentive, such a density bonus, such an
increase in coverage ratio.
Maybe even looking at some other commonly asked for modifications, turning those into incentives for
something the Town desires. Another example of how we're trying to clean up the Sign Ordinance
here by using again graphics and letters that really speak to what it is the Town is hoping to achieve.
Those are the first four articles in 10 minutes or less. To recap and for our discussion tonight, Madam
Mayor, the key changes are reorganization of process and standards reformatting, re -configuring
districts, incentivizing community amenity space.
We're also looking at accessory uses, bike parking and then sustainability index for the purpose of
discussion tonight if the Council so chooses, we could go through each of these what I've labeled new
directions, talk about whether or not we are in support, talk about whether or not we have concerns or
if we should just keep on keeping on. I've categorized them according to some of the big topics or if
there's not too much concem with that list, we can speak in general terms about these four topics.
Now, it would be a great time if it's been something that's burning about Zoning when it comes to
uses, development standards, districts, general provisions, wed love to hear about it. Final slide is
just revisiting the schedule. As I mentioned, we are on budget, we are on time, we're right here in the
middle of Ordinance and drafting. Pretty soon, well be getting Articles 5-9 from the consultant, and
that would be the second hai of the Ordinance. It takes a while.
Once we get that draft text for staff to look it over, there's a feedback loop going back and forth, then
we hope to be presenting that first draft to the public in September 2024. Our idea is to use a two -
month -long comment period using that new online platform. It'll appear and track changes, public can
log on, provide their comments, we get them in real time, we can spit out reports about what the
public is saying, we could respond to those comments.
Once that 60 -day review period goes through, it's Planning Commission times where they're going to
dig into the weeds of the text, take their time through the end of 2024 and early 2025, and then to the
Council where were getting into the meat of the text in Spring 2025. With that, any questions?
Mayor Burk: Dr. Cimino -Johnson.
Council Member Cimino -Johnson: Yes, thank you, Mr. David, for your presentation. I do have a
question about uses. How are the uses going to change for current property today once this is
adopted?
James David: Current property, if they're already a permitted use, then they're good. If there is
anything that changed in the Zoning Ordinance, they might turn into a grandfather status if, for
whatever reason, that change to the Zoning Ordinance affected that use. We're not looking to create
non -conformities. We're looking to just make things a little bit easier and more flexible.
Council Member Cimino -Johnson: Will this make the process easier for individuals who buy
property that has a use? Today, I don't know what I'm thinking. The furniture store out here along
Route 15, how would that change that property?
James David: We would look at the zoning district that underlies that furniture store. Lets say it's 6-1
now. Maybe that turns to DT, Downtown zoning district. Depending on what they're proposing, lets
say they wanted to change it to an office use, it would be a little bit easier for us to make a judgment
call if it didn't specifically say the type of office in our Zoning Ordinance. It would fall into that office
use category, and we could make a judgment call on whether or not that meets the characteristics of
that category.
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Council Member Cimino -Johnson: Okay, so they wouldn't have to come to us for a rezoning at that
point?
James David: Not necessarily. If an office use is a permitted use in the B-1 zoning district, then that's
by right.
Council Member Cimino -Johnson: Okay, excellent, thank you.
Mayor Burk: Cummings.
Council Member Cummings: Yes. One question I had was in the new language, and it were not in
that article yet, I apologize. Are we looking to clear up any confusion on some of our properties that
fall into multiple layers of districts, whether you're in the Crescent Design, but you're also in the district
as you drive into Town, and you have to figure out which rules you follow and they don't always speak
the same language? Have we looked into trying to clarify that and either, I would be fine with looking
to use the word eliminate, that's a little extreme, but make it just easier for folks to understand. Are we
looking at that in this rewrite?
James David: Absolutely, and this is the appropriate time. That's Article 2, zoning districts and
overlays. As an example, we've realized that the sign regulations in the Crescent District are different
than the baseline regulations in the zoning, so why not make them consistent, if possible? We're
looking for ways to enhance that consistency, and certainly, if there's an overlay district where you
can accomplish what is needed in the base district, then there's no need for that overlay, so we're
looking at that as well.
Council Member Cummings: Yes, and then one thing I remember when we were talking about the
Town Plan, there was some confusion with the public and property owners and applicants on a
graphic looked one way, but it didn't really, that wasn't 100% of what it needed to look like, but I
designed this based on your graphic and your Town Plan. Are we ensuring that these graphics reflect
what the Zoning Ordinance actually says, and is crystal clear in that were not going to have to deal
with the— well, I did it to this, 1 didn't read the language, but I looked at the picture and designed it this
way.
James David: That's a great question. I think in a Town Plan document, it's very visionary, and
oftentimes you include illusiratives that give what you're hoping for but doesn't say it doesn't have to
be exactly like that. Wth zoning, it's more prescriptive. If you noticed in some of these images, a lot of
them had a key where it says A, B, C, D around the graphic, and then there's text that corresponds to
those letters that reinforces that yes, you need to build it to, or create it exactly as the graphic shows.
Council Member Cummings: Right, perfect. Then finally, a big picture question on the process of
getting to approving the new Zoning Ordinance, or the Amended Zoning Ordinance, not the new one.
I'm looking at your schedule. It's very colorful. My concern is, it's going to be a lot. There's a lot to
digest. Even though I applaud breaking it down almost in half for the articles. I think that's still going to
create a lot of reading and understanding. My question is, does staff have an opinion, and I've been
noodling this over since our initial joint meeting with the Planning Commission on this topic. I know we
talked about it. We decided to venture off on our own path with the Planning Commission doing their
own public hearings and then the Council doing our public hearings. Has staff had any thought or with
the consultants about maybe discussing doing joint public hearings to ensure that were, one, getting --
it's a lot to cover, it's a lot for staff, it's a lot for the Planning Commission, it's a lot for our Council
Members. What's the old saying, two heads are better than one. Has there been any discussion at the
staff level on trying to streamline the process as well?
James David: Certainly. Our original project plan, we envisioned a couple of different joint sessions
with the Council and the Planning Commission. I think two heads are better than one, and also it
gives the Commission an understanding of some, where the Council wants to head in terms of
directional items. Now, we had our first session and I think we decided to be more of a linear process,
but that's always open for discussion. In terms of streamlining how you get there, it is a considerable
amount of information.
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If we get this done by May' 25, I think wed be ahead of the curve. What's going to help us get there is
that online platform. Even though it says Council, you're not looking at this until May 2025, you could
actually look at that first draft when it comes out in September '24 because its going to be public and
online and I would encourage you all to dig in early if you have questions and comments, you can
send it to us and then we can be responding, as long as it's FOIA, not in conflict with FOIA, but I think
that that's one way to keep it streamlined, is that digital draft and then keeping the comments and
responses flowing.
Council Member Cummings: One final comment. My Commissioner, Mr. McAfee, I think had a great
idea of, and I'm going to steal it from him, so if he's watching I'm stealing your idea, Brian. Is
incorporating Al into this whole process where you can upload our entire Zoning Ordinance and then
just ask questions? How tall can a building be in Downtown Leesburg? The Al will only search the
Leesburg Zoning Ordinance to be able to figure out and spit out those questions. 1 don't know,
something to think about.
James David: Well, weren't quite there yet, but the system has —
Mayor Burk: Doesn't Google do that now [laughs]
James David: -- has a really strong search feature. You use those Boolean search logic and it will
pull up everything according to that search term that you put in, which is already ahead of where we
are right now.
Council Member Cummings: Yes, perfect. Thank you.
Mayor Burk: Vice Mayor?
Vice Mayor Steinberg: Thanks. Well, I would offer that those of us sitting up here, there's not one of
us who's actually gone through the process of even a small development and other than the shed I
built that required a permit and some drawings. That's about the extent of my interaction with this
whole process. Would it be possible for the consultant to create, as we go through this, a
hypothetical? Here's a hypothetical project, and here's how it would filter through this process to get to
an approval so that we have a clearer understanding of all of the areas that get touched along the
way.
James David: Sure.
Vice Mayor Steinberg: Is that a possibility?
James David: Yes, absolutely.
Vice Mayor Steinberg: Okay. Then I know it has been floated with the data center conversation that
we might consider making data centers anywhere in Town special exceptions. Now, I suspect that
wouldn't affect certain projects that are already underway, but certainly could affect other parcels
down the road. Is that something that's in this conversation or something that we can actually
consider doing, and is the consultant actually looking at that by direction, or is that something we have
to strongly suggest?
James David: I think it would be really important to hear it from the majority of Council. As of right
now, yes, that's on the table in terms of the permissibility of uses. When we consolidate into that
single -use matrix, we also look at the different land uses where they're permitted or by special
exception or maybe a limited use. Then we evaluate the Town Plan and say, okay, is there any
changes needed based on that new Town Plan direction. If the majority of the Council directed staff,
hey, we think we want to put data centers as a special exception use wherever they are currently
permitted, that would be good for us to hear.
Vice Mayor Steinberg: Okay. Are you saying that we would need to give you that direction this
evening, or is that something--?
Page 27IMarch 11, 2024
James David: Well, it's a long process, so if you're not ready to give it to us tonight, that's fine, but at
some point, I think signaling that to staff would be a good thing.
Vice Mayor Steinberg: Okay. Well, would the Mayor have any objection to us taking a straw poll to
see if that's a direction we might want to go in?
Mayor Burk: Does everybody have enough information to make that decision?
Council Member Bagdasarian: Mr. Vice Mayor, would you please mind just clarifying the request?
Vice Mayor Steinberg: Well, I guess in its simplest form, it would be to make the data center a
special exception in every zoning district. I think that's pretty straightforward, yes, other than the ones -
James David: Every zoning district, they're currently allowed in.
Council Member Bagdasarian: That's the part that went through.
Mayor Burk: [inaudible]
James David: Data centers are-- They're permitted by right in the 1-1, which is Industrial Research
part zoning district, and they're permissible in the Planned Employment Center District, but remember,
you need to rezone to get to PEC. I think what the Vice Mayor's saying is, do we want to change
those P's to S's in those two districts?
Vice Mayor Steinberg: I think so, yes.
Mayor Burk: Yes, sir.
Council Member Cummings: I just have a question. The special exception is great, but is there
anything stronger than a special exception to deter development in the Town? Do we have any tools
stronger to deter development?
Mayor Burk: A no vote.
James David: Well, you could take it out of those zoning districts altogether.
Council Member Cummings: Yes. Okay. Thanks.
James David: But we don't have a next level of beyond the special exception. [chuckles]
Mayor Burk: Are there four people that would like to require that data centers be a special exception?
[chuckles]
Council Member Bagdasarian: [inaudible]
Mayor Burk: Yes.
James David: Okay, so well put it in the draft. You'll get another chance to look at it. It doesn't have
to be decided, or voted on tonight, but thank you for that direction.
Mayor Burk: Now, my concern is around the sustainability development.
James David: Sure.
Mayor Burk: I've seen this in different locations, especially in the county, and it doesn't always work
very well. The example you gave was height. Someone does a green roof, and we give them another
floor. They can make a building a little bit higher. Well, but that's not what's appropriate for that area.
It's Downtown. There's not six-- I guess Downtown is four levels.
Page 28 March 11, 2024
James David: Four to five, yes, for the most part.
Mayor Burk: We're going to end up giving them the opportunity to go up even higher, when it's really
is not appropriate for it to be there. That kind of stuff really concerns me.
James David: Okay. We could certainly take incremental steps, and only implement this where we
would feel comfortable potentially giving building height, or it doesn't have to be building height as the
as the carrot for the incentive. It could be another development standard, but the concept would be to
urge construction techniques that are more environmentally friendly. Then there's a give and take.
Mayor Burk: I understand that, but you know --
James David: Maybe building heights off the table.
Mayor Burk: A green roof doesn't equate to another whole floor, or -
James David: Certainly.
Mayor Burk: -additional levels. The trade-off hasn't always been equitable or fair in my opinion. I'm
just concerned about that. I don't want to end up, we end up making this change in places where it's
really not appropriate. Well, we did the green roof, we did this sustainability thing, so you have to give
us this incentive. That would be where my concerns are.
James David: Okay. Thank you.
Mayor Burk: All right. Anyone else at this point? All right, thank you very much.
Council Member Cummings: Can I just add one comment?
Mayor Burk: One comment.
Council Member Cummings: Just one quick comment, and this is my concern with the process. Not
to sound like that person, but this is my concern with the process with exactly what the Mayor brought
up. That's like a very specific conversation. If were talking about five or six articles in one night, it gets
of lost in that discussion. My hope is, as we plan the future work that we maybe look at, pulling out
some of the higher conversation articles, and doing public hearings or doing meetings on those
individually rather than trying to jam three or four together.
Mayor Burk: I didn't understand what you just said.
Council Member Cummings: I just was saying, that's a very important conversation to have about all
of those incentives and everything. I just want to make sure whenever we have the kind of near -final
conversation about this, that we have the opportunity to really get down in the weeds on those issues.
If we would do that with a one article meeting rather than four or five articles in the same meeting, it
might be easier to have those conversations.
Mayor Burk: Oh, okay.
James David: We can certainly do that when we get to the draft text.
Mayor Burk: Okay. Thank you, James. Appreciate that. We have some proclamation requests that I
will need motions for. The Environmental Advisory Commission Chair, Paul Sheaffer has asked for a
proclamation on Keep Leesburg Beautiful, which is coming up in April. Do I have four votes? Well, I
can't vote, how do I do that? [crosstalk] Four head nods, okay. That people would be interested in
doing that proclamation. Okay. We have one from the Director of Utilities, Amy Wyks, for National
Drinking Water Week, May 5'h to the 11Th. Do we have four people that would be interested in doing
that one? Okay. We have a request from a resident to recognize and honor, firefighter-- I'm going to --
No, this is firefighter, B -E -N -D -E -Z -U. He is a Volunteer Firefighter, but he's also one of our Police
Officers. I don't know how to say his name. Ben, Ben --I don't want to mess it up.
Page 29IMarch 11, 2024
Anyway. Is that you? [laughter] Do you know who I'm talking about? Do you know how to say his
name?
Unidentified Speaker: I believe it's Bendezu.
Mayor Burk: Bendezu. Thank you.
Unidentified Speaker: (inaudible]
Mayor Burk: He was --1'd like to thank firefighter Bendezu for his commitment heroic action on
February 16th at the Sterling tragedy. The firefighter was assigned to truck crew T620 and did not
hesitate to risk his own life to save others that night, along with his Town-- teammates. He is a
Leesburg Police Officer. Are there four people that would be supportive of doing a proclamation for
this gentleman? Okay. The next one is a proclamation. I'm sure that we remember reading recently,
we had a gentleman that was playing basketball at Ida Lee and had a heart situation, had some sort
of medical situation. The Ida Lee staff was instrumental in saving this gentleman's life. The
Emergency Doctor called me and told me that without the work that our staff at Ida Lee did, this
gentleman would not have survived. I would like to take the opportunity to acknowledge those staff
people and Mr. Dentler, you know who they are?
Kaj Dentler: Yes.
Mayor Burk: Thank them for their quick action and their bravery of being able to help keep someone
from a terrible situation. Everybody on that one? Okay. Then I have a last one. It's not a proclamation.
I'll wait till we go through the other stuff. Does anybody have anything else proclamation -wise? No?
Okay. How about future meetings or agenda topics? Yes, sir.
Council Member Cummings: Just one future agenda topic. As we're in the budget season, not for
fiscal year '25, but maybe the future, have a discussion with our Airport Commission around airport
landing fees for a period of time to help offset the cost of the tower.
Mayor Burk: I would not be supporting that, Mr. Cummings. That has been brought up in the past.
One of the effects of it was that the airplanes left. It made an impact on-- because the other airports
are not charging it. When you start to charge it, the airplanes go to the other airports.
Council Member Cummings: Okay, but I'm just asking for a discussion on it. We're asking the
taxpayers to shoulder 10 million, which will probably end up being 12 million for a control tower. I'd
like just to have a discussion about how we can help offset those funds.
Mayor Burk: Okay. Anyone else have-- Yes. Are there four people that would like to have that
discussion?
Vice Mayor Steinberg: Before we get there, I was wondering if we've had any input from the
Commission about this particular topic.
Council Member Cummings: I've spoken with the Chair of the Commission and a Member of the
Commission who both were open to the discussion.
Vice Mayor Steinberg: Okay.
Mayor Burk: Good. Oh, okay, wait a minute. I'm just tying into that. I knew there was a point I was
trying to make. Tying into that, I would like very much for us to set up a separate meeting with the
Airport Commission and the Airport staff, and the Council, not on a work day but have a separate day
to have this discussion about what do we envision, the 40 acres being used for at the Airport. We
keep getting requests about it, there are people that are interested. We don't really have an answer
because we haven't decided what is it that we want. Do we want to keep it for the future? Do we want
to do something different with it? I think it's important that we have that discussion when there is a
level of interest in what were going to do with those 40 acres.
Vice Mayor Steinberg: This is a special meeting for the Council and the Airport Commission.
Page 30IMarch 11, 2024
Mayor Burk: Right, and it doesn't have to be tomorrow or anything like that. It's not something that
has to be right away, but it's something that we should be doing. I would like to see us do in the not -
too -distant future. Are there four people that would be willing to do that discussion? Okay. All right.
And Dr. Cimino -Johnson?
Council Member Cimino -Johnson: Yes, Madam Mayor, I'd like to ask that we have a discussion
with the Leesburg Movement either during a work session or a special meeting where we discuss
what they plan to do in the next couple of years and then our expectations around how much
manpower we can provide if they're going to keep asking for events in the Town.
Mayor Burk: All right. Mr. Dentler, is that okay? You weren't talking about staff to staff, you were
talking about us.
Kaj Dentler: Correct. I believe that's an appropriate thing for Council to do on the larger picture, how
do we make this partnership work for everybody?
Mayor Burk: Okay, great. All right. Are there four people willing to do that?
Vice Mayor Steinberg: Are we looking for a special meeting or are we looking for the Leesburg
Movement to come and give us a presentation during a work session? What are we looking for?
Council Member Cimino -Johnson: I'll look to the Mayor to guide us.
Mayor Burk: Probably, it would be better to have a discussion than just have them do a presentation,
I think.
Kaj Dentler: Yes. I would recommend that, I know you may not want a special meeting, but I think
when you can have a special meeting in a different environment than this room, I think you can have
more collaboration and working together than what this room can create.
Vice Mayor Steinberg: Yes, I agree.
Mayor Burk: Four people willing to do that? Okay. That moves forward. Anyone else? Is there a
motion to adjourn?
Vice Mayor Steinberg: Moved.
Mayor Burk: Seconded by Mr. Bagdasarian. All in favor?
Members: Aye.
Mayor Burk: Opposed? That passes.
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