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HomeMy Public PortalAbout2024_tcmin0319COUNCIL MEETING March 19, 2024 1 1 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Todd Cimino -Johnson, Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Finance and Administrative Services Director Clark Case, Public Works and Capital Projects Director Renee LaFollette, Parks and Recreation Director Rich Williams, Assistant Town Manager Kate Trask, Leesburg Police Chief Thea Pirnat, Thomas Balch Library Director Alexandra Gressitt, Airport Director Scott Coffman, Economic. Development Director Russell Seymour, Community Development Director James David, Information Technology Director Jakub Jedrzejczak, Leesburg Police Captain Jaime Sanford, Leesburg Police Captain Dave Smith, Public Information Officer Kara Rodriguez, Finance Deputy Director/Treasurer Lisa Haley, Management and Budget Officer Cole Fazenbaker, Capital Projects Assistant Director Doug Wagner, Deputy Management and Budget Officer Tamara Keesecker, Management and Budget Analyst Liz Weaver, Parks and Recreation Assistant Director Katey Jackson, Sustainability Manager Deb Moran, Parks and Recreation Center Supervisor Sam Roesler, Parks and Recreation Aquatic Facility Supervisor Bryce Ober, Parks and Recreation Front Desk Attendant Aimee Cox, Leesburg Police Sargeant Wael Abilmona, Leesburg Police Officer Victor Bendezu and Clerk of Council Eileen Boeing AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Cummings. 3. SALUTE TO THE FLAG was led by Council Member Nacy. 4. ROLL CALL a. All Council Members present. 5. MINUTES a. None. 6. ADOPTING THE MEETING AGENDA MOTION2024-043 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the meeting agenda was moved for approval. 1 1 Page . COUNCIL MEETING March 19, 2024 The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. International Dark Sky Week — April 2-8, 2024 MOTION2024-044 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following was proposed:: I move to approve the Proclamation recognizing April 2-8, 2024, International Dark Sky Week be proclaimed at the March 19, 2024, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 Mayor Burk presented the proclamation for International Dark Sky Week to Environmental Advisory Commission Chair Paul Sheaffer who made a few remarks. b. Keep Leesburg Beautiful MOTION2024-045 On a motion by Council Member Cummings, seconded by Council Member Cimino - Johnson, the following was proposed: I move to approve the Proclamation for Keep Leesburg Beautil be proclaimed at the March 19, 2024, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 Mayor Burk presented the proclamation for Keep Leesburg Beautiful to Environmental Advisory Commission Chair Paul Sheaffer who made a few remarks and reminded everyone that the kickoff event would be held April 6 at Raflo Park. 21 Page COUNCIL MEETING March 19, 2024 1 c. Recognizing Victor Bendezu MOTION2024-046 On a motion by Council Member Cimino -Johnson, seconded by Council Member Nacy, the following was proposed:: I move to approve the Proclamation recognizing Victor Bendezu be proclaimed at the March 19, 2024, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 Mayor Burk presented the proclamation to Leesburg Police Officer Victor Bendezu. d. Recognizing Heroic Efforts on February 29, 2024 at Ida Lee Park Recreation Center MOTION2024-047 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the following was proposed:: I move to approve the Proclamation for Recognizing Heroic Efforts on February 29, 2024 at Ida Lee Park Recreation Center be proclaimed at the March 19, 2024, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg , Wilt and Mayor Burk Nay: None Vote: 7-0 Mayor Burk, along with the victim Mr. Greg Membreno, presented the proclamation to Town of Leesburg Staff Members Ms. Aimee Cox, Ms. Bryce Ober, Ms. Sam Roesler, and Ida Lee Patron Mr. Howard Belle. Mr. Membreno made a few remarks. Dr. John Morgan, Medical Director with Loudoun County Fire and Rescue, also made remarks regarding the excellent response of the four individuals before EMS arrived. 9. PRESENTATIONS a. General Assembly Legislative Update Delegate Fernando "Marty" Martinez presented Council with the 2024 General Assembly legislative update. Delegate Martinez reviewed the bills he introduced including the two that directly benefit the Town of Leesburg. House Bill 4 — redirects revenue generated by the plastic bag tax to towns where the revenue originated and House Bill 5 — 3 1 Page COUNCIL MEETING March 19, 2024 1 1 creates a parking authority in Leesburg to allow the town to create more parking and enter into long-term development agreements. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section opened at 7:32 p.m. There were no Petitioners wishing to address Council. The Petitioner's Section closed at 7:33 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2024-048 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent agenda was proposed:: a. Purchase of Replacement Sanitary Sewer Camera Truck for Department of Utilities RESOLUTION2024-041 Contract Award for Replacement of Sanitary Sewer Camera Truck to Maryland Industrial Trucks, Inc. in the amount of $364,470 b. Appropriation of Internet Crimes Against Children (ICAC) Task Force Funds RESOLUTION2024-042 Approving a Supplemental Appropriation in the amount of $5,000 from the Northern Virginia/District of Columbia Internet Crimes Against Children Task Force to Purchase Equipment and Training c. Town Utility Customer Assistance Program RESOLUTION2024-043 Approving the Program parameters and Implementation Plan for Leesburg Customer Assistance Program (LCAP) The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 41 Page COUNCIL MEETING March 19, 2024 13. PUBLIC HEARINGS Mayor Burk requested items 14.a. — Fiscal Year 2025-2030 Capital Improvements Program and 14.b. — Fiscal Year 2025 Budget Adoption follow Public Hearing 13.a. — 2024 Tax Rate and Fees Ordinance Adoption. There were no objections by Council. a. 2024 Tax Rate and Fees Ordinance Adoption The public hearing opened at 7:34 p.m. Ms. Tamara Keesecker presented Council with an overview of the proposed 2024 Tax Rate. Council and staff discussed the proposed 17.79(t tax rate. Mr. Dentler provided a strategy to Council of how they could attain the 17.74Ct tax rate by accelerating a purchase of a vehicle for a Construction Manager in Fiscal Year 2024 using existinggeneral funds versus Fiscal Year 2025 which would make up the approximate difference of $60,000 between the two rates. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:41 p.m. MOTION On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the following was proposed: I move to approve the proposed Ordinance setting the Real Taxable Property Rate and Tax Rate for certain personal property for Tax Year 2024, Amending Appendix B — Fee Schedule ORDINANCE Setting the Real Taxable Property Rate and the Tax Rate for certain Personal Property for Tax Year 2024, Amending Appendix B — Fee Schedule The motion set the tax rate at 17.79¢ per $100 of assessed value. Council Member Nacy requested a friendly amendment to the motion to reduce the tax rate to 17.740 per $100 of assessed value. The amendment was accepted by Vice Mayor Steinberg. MOTION2024-049 On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the following was proposed: 5 1 Page COUNCIL MEETING March 19, 2024 I move to approve the proposed Ordinance as amended setting the Real Taxable Property Rate and Tax Rate for certain personal property for Tax Year 2024, Amending Appendix B — Fee Schedule ORDINANCE 2024-0-006 Setting the Real Taxable Property Rate and the Tax Rate for certain Personal Property for Tax Year 2024, Amending Appendix B — Fee Schedule The amended motion set the tax rate at 17.741' per $100 of assessed value. The motion was approved by the following roll call and super majority vote: Cimino -Johnson - aye, Cummings — nay, Vice Mayor Steinberg — aye, Nacy — aye, Bagdasarian — aye, Wilt — aye and Mayor Burk — aye Vote: 6-1 14. RESOLUTIONS /ORDINANCES / MOTIONS a. Fiscal Year 2025-2030 Capital Improvements Program MOTION2024-050 On a motion by Vice Mayor Steinberg, seconded by Council Member Cimino -Johnson, the following was proposed:: I move to approve the proposed resolution adopting the Fiscal Year 2025-2030 Capital Improvements Program in the amount of $308,568,036. RESOLUTION2024-044 Adoption of the Fiscal Year 2025-2030 Capital Improvements Program in the amount of $308,568,036. The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: Cummings Vote: 6-1 b. Fiscal Year 2025 Budget Adoption Mr. Cole Fazenbaker noted the draft ordinance would be amended to reduce the proposed budget by $58,000 to offset the tax rate reduction to 17.74(. MOTION2024-051 On a motion by Mayor Burk, seconded by Council Member Cimino -Johnson, the following was proposed: I move to approve the proposed Ordinance adopting the Budget for Fiscal Year 2025; Making Appropriations for Fiscal Year 2025 for the General Fund, Utilities Fund, and 6 1 Page COUNCIL MEETING March. 19, 2024 Capital Projects Fund; Authorizing Amendments to the Budget and Supplemental Appropriations by Council Resolution; Amending and Reaffirming Fiscal Policy; and Authorizing and Directing the Town Manager to Take All Steps Necessary and Prudent to Effectuate the Implementation of the Ordinance. ORDINANCE 2024-0-007 Adopting the Budget for Fiscal Year 2025; Making Appropriations for Fiscal Year 2025 for the General Fund, Utilities Fund, and Capital Projects Fund; Authorizing Amendments to the Budget and Supplemental Appropriations by Council Resolution; Amending and Reaffirming Fiscal Policy; and Authorizing and Directing the Town Manager to Take All Steps Necessary and Prudent to Effectuate the Implementation of the Ordinance. Council discussed the proposed budget. The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: Cummings, Wilt Vote: 5-2 13. PUBLIC HEARINGS (continued) b. Amending Town Code Section 2-156, 2-157 and Related Sections to Provide the Town Manager with Flexibility in Financial Staffing The public hearing opened. at 7:50 p.m. Mr. Chris Spera presented Council with Town Code amendments to allow the Town Manager flexibility to define who on staff will fill the role of Finance Director. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:55 p.m. MOTION2024-052 On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the following was proposed:: I move to approve the proposed Ordinance Amending the Town Code to Change the Title of the Director of Finance and Administrative Services to the Director of ORDINANCE 2024-0-008 Amending the Town Code to Change the Title of the Director of Finance and Administrative Services to the Director of Finance 7 1 Page COUNCIL MEETING March 19, 2024 1 1 The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 Mayor Burk granted Mr. Dentler the opportunity to thank Mr. Clark Case for his years of service and financial stewardship to the Town. Mr. Case is retiring at the end of March. Mr. Dentler asked Mr. Case to give a brief overview of the bond sale and refinancing that occurred earlier in the day that yielded very good results for the Town. Mr. Case provided the overview and thanked Council and staff for their support over the past nine years. Mayor Burk said it was an honor to have Mr. Case serve Council and the Town. 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cimino Johnson requested a Work Session discussion on clarification of the unassigned fund balance and the schedule for the Fiscal Year 2026 budget adoption. It was the consensus of Council to add this to a future Work Session discussion. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk welcomed the Town's third ABC store to Leesburg at Compass Creek. Mayor Burk thanked the Town Manager and staff for their hard work on the budget. Mayor Burk thanked the residents who provided comments and feedback related to the budget. Mayor Burk also thanked Council for all they do to make Leesburg a great place to live and for respecting each other throughout the budget process. Mayor Burk requested a Work Session discussion on a text amendment to potentially change the zoning on the Mintjens property which is the last large piece of undeveloped property next to the Leesburg Premium Outlet Mall. It was the consensus of Council to add this to a future Work Session discussion. 19. TOWN MANAGER COMMENTS Mr. Dentler thanked Council for approving the budget. Mr. Dentler noted he was proud of the hard work of staff and the Budget team. Mr. Dentler added that he was also proud that Council recognized several Town employees from the Police Department and 8 1 Page COUNCIL MEETING March 19, 2024 1 Parks and Recreation for their heroic efforts. Mr. Dentler noted the outstanding contributions from Mr. Case and that he will be missed. His replacement, Mr. Owen Snyder, joins the Town on April 22. Mr. Dentler requested Council consensus to allow the Diversity Commission to use $800 of their existing Fiscal Year 2024 funds to buy translation services for the Town Web site. This line item was not included in the Fiscal Year 2025 budget. It was the consensus of Council to allow the Diversity Commission to move forward with using $800 from their existing Fiscal Year 2024 funds for the purpose of translation services on the Town Web site. 20. ADJOURNMENT On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the meeting was adjourned at 8:07 p.m. ATTEST: Clerk of Council 2024 tcmin0319 Kelly Byirk,Ma 1. r Town of Leesburg 9 1 Page March 19, 2024 — Leesburg Town Council Meeting (Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It may not be entirely accurate. For greater accuracy, we encourage you to review the video of the meeting that is on the Town's Web site — www.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: I would like to call to order tonight's, March 19th Town Council meeting. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Cummings will be giving the invocation, followed by the salute to the flag by Council Member Nacy. Council Member Cummings. Council Member Zach Cummings: Thank you. If we all could just take a moment of reflection for those affected by hunger, loneliness, financial struggles, and those lacking enough resources to provide the necessities of life, and of course, those affected by war and violence. Just take a moment of reflection. Thank you. Mayor Burk: Rise for the Pledge of Allegiance. Let the record reflect that all members of Council are here tonight. We have no minutes for adoption tonight. We do have adopting the meeting agenda. Do I have a motion? Vice Mayor Neil Steinberg: So moved. Mayor Burk: Vice Mayor Steinberg and Council Member Nacy. Is there any amendments or deletions? All right. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? The passes 7-0. We have a number of proclamations tonight. The first one is International Dark Skies. I will read the proclamation into the record if I can find it. There it is, and then I'll ask for a motion. Declaring April 2nd to the 8th, 2024 International Dark Sky Week in the Town of Leesburg. Whereas the aesthetic beauty and the wonder of natural nightlight is a shared heritage of all humankind and the experience of standing beneath the starry night sky inspires feelings of wonder and awe, encouraging a growing interest in science and nature, especially among young people. Whereas the greatest number of dark sky parks east of the Mississippi are located in Virginia and Virginia's National, State and local parks, including Sky Meadow State Park, located just 40 minutes southwest of Leesburg, offers nighttime viewing opportunities, astronomy programs in our home to dozens of species who rely on undisturbed night environments to thrive. Whereas 80% of the world's population, including many people in Northern Virginia, live under a dome of light pollution, excessive artificial lighting at night that disrupts natural darkness and must travel to rural areas to experience the visual wonder of the dark sky. Whereas light pollution, which is often avoidable by implementing best practices, can have an economic, public health and environmental consequence to communities. Whereas light pollution represents a waste of natural resources, amounting to roughly $3 billion per year of wasted energy in the United States and contributes to diminished energy security. Whereas Dark Sky International is the globally recognized authority on light pollution and has created International Dark Sky Week to raise awareness of light pollution and to provide free education, resources, and solutions to the public to encourage the protection of, and the enjoyment of dark skies and responsible outdoor lighting with the help of Virginia residents coordinating Dark Virginia Sky. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia do hereby declare April 2 to 8 2024 as International Dark Sky Week in Leesburg, and ask each resident to join us not only in observing and pondering upon this important week but also, raising awareness and support for protecting our precious dark skies resources, proclaimed this day. Do I have a motion? Vice Mayor Steinberg: Madam Mayor, I'd like to make a motion, please. I move to approve the proclamation recognizing April 2nd through the 8th, 2024 as International Dark Sky Week be 1IMarch 19, 2024 proclaimed at the March 19th, 2024 Town Council Meeting. Mayor Burk: Is there a motion? I mean, is there a second? Sorry. Council Member Nacy. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: All right. Thank you. Are there any nays? No. All right. The next proclamation we have is for Keep Leesburg Beautiful. Again, I will read this and then we will have a motion. Whereas the Town of Leesburg is committed to environmental stewardship and maintaining the Town's aesthetic appearance of road quarters in public places. Whereas many volunteers' come forth each April to collect trash from streets, storm, areas, and common areas through the Town. Whereas it's very important to educate the public that whatever goes into the storm drains ends up in the Chesapeake Bay, thus extending the positive impact of cleanup activities far beyond the Town. Whereas the Town appreciates the fine work of Town staff and the Leesburg Environmental Council to keep towns, roadways, right of ways, parks clean and attractive year round. Therefore, proclaimed, the Mayor and Leesburg Town Council hereby proclaim April 2024 as Keep Leesburg Beautiful Month and encourage all residents, businesses, youth groups, churches, and service organizations to participate in Keep Leesburg Beautiful by organizing a cleanup and beautification activities. Proclaimed this 19th day. Is there a motion for this one? Council Member Cummings: Madam Mayor, I move to approve the proclamation for Keep Leesburg Beautiful be proclaimed at the March 19th, 2024 Town Council Meeting. Mayor Burk: All right, is there a second? Council Member Todd Cimino -Johnson: Second. Mayor Burk: Seconded by Council Member Cimino -Johnson. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That passes 7-0. We have a motion recognizing-- Let me make sure, I apologize if I mess this up, but Victor Bendezu, and this is whereas the Town of Leesburg recognizes Victor Bendezu for his heroic actions on February 16th, 2024 when he responded to a home explosion with his fellow fighters of the Leesburg Volunteer Fire Company Station 20, Engine 620. Whereas Victor Bendezu serves the Town of Leesburg as a full-time police officer, with the Leesburg Police Department and has done so since January 9th, 2023. Whereas he continues to give back to the community by volunteering with the Leesburg Volunteer Fire Company, where he has served since 2020 as a firefighter and an EMT. Whereas he and Engine 620 were assigned as a rapid response unit on the evening of February 16th, and were advised that eight firefighters were believed to still be trapped inside the home following an explosion. Where upon arrival to the home, he rushed to a firefighter who appeared disoriented and was standing on what was formally the porch of the home. He moved the firefighter's gear and took him to the medic unit to render aid. Whereas Victor Bendezu continues to give back to the community by keeping our residents, businesses, and visitors safe as a member of a patrol for the Leesburg Police Department. Therefore, proclaimed, that the Mayor and the Council of the Town of Leesburg in Virginia do hereby recognize Victor Bendezu for his service and significant contributions to wellbeing and the safety of the residents of Leesburg and Loudoun County. Proclaimed this 19th day. Do I have a motion for this? Council Member Cimino -Johnson: Madam Mayor, I'd like to make a motion. Mayor Burk: Yes. Council Member Cimino -Johnson: I move to approve the proclamation, recognizing Victor Bendezu be proclaimed at the March 19th, 2024 Town Council meeting. 2IMarch 19, 2024 Mayor Burk: Do I have a second? Council Member Kari Nacy: Second. Mayor Burk: Council Member Nacy. All right. All in favor, indicate by say aye. Members: Aye. Mayor Burk: Opposed? That passes 7-0. Our final one is-- I've got to get these together here. Okay. Our final one is our proclamation on Heroic Efforts on February 291h, 2024 at the Ida Lee Rec Center. I will read this one and then ask for a motion. Whereas on February 291h, 2024, a patron who was playing basketball at the Ida Lee Park Rec Center collapsed after complaining of chest pains and suffered a heart attack. Whereas three Ida Lee Park Recreation Center staff members and citizens reacted quickly by performing CPR, providing defibrillation with AED, and contacting 911. Whereas staff member Aimee Cox called the 911 for assistance, whereas a staff member Bryce Ober immediately started CPR, whereas staff member Sam Roesler retrieved the automatic external defibrillator and began assisting with CPR. Whereas citizen Howard Belle assisted with CPR and remained with the patron until the paramedics arrived. Whereas the availability of the AED machines at the rec center, the monthly service checks of the equipment, the mandated safety training, and the certifications for Ida Lee staff, and the proactive and swift action of Ms. Cox, Mr. Ober, Mr. Roesler, and Mr. Belle played a huge role ensuring a positive outcome for the patron. Therefore, proclaimed, that the Mayor and the Council of the Town of Leesburg in Virginia is hereby recognizing the Ida Lee Park staff and Howard Belle for their lifesaving efforts of January 29th, 2024. Do I have a motion for that? Council Member Nacy: Madam Mayor, I'd like to make a motion. Mayor Burk: All right. Council Member Nacy: I move to approve the proclamation recognizing Heroic Efforts on February 29th, 2024 at Ida Lee Park Recreation Center be proclaimed at the March 19th, 2024 Town Council Meeting. Mayor Burk: Second? Council Member Ara Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. He hasn't had one. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Passed 7-0. Okay. I will be taking these down to present. The first proclamation is for International Dark Sky Week and Paul Sheaffer from the Economic-- No, the Environmental Advisory Commission. Paul, are you still chair? Paul Sheaffer: Yes. Mayor Burk: Okay. Paul, I'm delighted to be able to give this to you today but I know that you have some words you would like to say in regard to it. Paul Sheaffer: Sure. I'd like to encourage everybody to put their lights on motion detectors and encourage everybody to spend some time and look at the stars. Mayor Burk: Oh. [chuckle] What a good idea. It would be nice if we had that opportunity. Hopefully, it will be a bright uncloudy week that we have this particular item. Paul Sheaffer: I hope so. Yes. 3IMarch 19, 2024 Mayor Burk: Okay. Thank you. Don't go away. Paul Sheaffer: Thanks. Mayor Burk: Because your next item is, and of course, I don't have these in order. The next item is for-- Oh, my favorite. Keep Leesburg Beautiful. Keep Leesburg Beautiful was started-- Oh, my gosh. It must be 10 years ago. No, it's longer than that. It was about 2005 or 2006 that Susan Horne, who was on the Council, came to me and asked if I would work with her to start a Keep Leesburg Beautiful. Because there's a Keep Loudoun Beautiful but there's no Keep Leesburg Beautiful. We started that all those many years ago and we-- It has grown into not only a day but a-- Went from a day, to a week to a month of people --the opportunity to pick up trash. And different groups get together and do it. Individuals get together and do it. It is a hugely popular and effective way to pick up trash. We all can see it right now and it drives-- I know it drives me crazy when I'm walking around and I was just walking along the creek the other day and it's all full of stuff and I'm thinking that's where I'm going to go on that. What is it, April 6th? Paul Sheaffer: April 6th Mayor Burk: It's the kickoff for it. I'm going to let you talk about the rest of it. Paul Sheaffer: I'd like to encourage everybody to come to Raflo Park on April 6th between 9:00 and 11:00 in the morning. We're kicking off the monthly event with a formal kickoff. Actually giving out trash grabbers to the first 50 people that come there. I would -- Mayor Burk: We got trash grabber? Paul Sheaffer: Yes. Mayor Burk: Oh my gosh. Great. Paul Sheaffer: I'd really like you to come out there if you can. Mayor Burk: Where are they--? Where is it again? Paul Sheaffer: It's in Raflo Park. Mayor Burk: Raflo Park. It's what time again? Paul Sheaffer: Between 9:00 and 11:00 on April 6th Mayor Burk: What will you give them besides the grabber? Paul Sheaffer: You also get a vest. You get a -- Mayor Burk: Oh, a very, very sexy vest. [laughter] Mayor Burk: The yellow one. Paul Sheaffer: A bag and some gloves. Mayor Burk: Then you leave. What do they do with the trash? Paul Sheaffer: You can put the trash on any street corner and just let us know where it is. Mayor Burk: They will come and pick it up, so you don't have to take it anywhere. Just put it on the corner and the Town will come and pick it up. 4IMarch 19, 2024 Paul Sheaffer: Okay. Mayor Burk: Thank you very much, Paul. Paul Sheaffer: Thank you. Mayor Burk: Again, this is from the Environmental Advisory Council. Thank you. [applause] Mayor Burk: Is Victor here? Oh, there you are. How many times did we mess up your name? Victor Bendezu: A few. [laughter] Victor Bendezu: Nobody gets it right. Mayor Burk: How do you say your name? Victor Bendezu: Bendezu. Mayor Burk: Bendezu. You told me wrong. [laughs] We want to recognize you. There's lots of people that do things for the community. I can't imagine the amount of time and effort that you put into reaching out to your community. You not only are an Officer here in Leesburg that we're very proud of but you also serve as a volunteer with Fire and Rescue. You also are an EMT? Victor Bendezu: Yes. Mayor Burk: You were involved in the fire out in Sterling where we lost a firefighter. The bravery that all those men and women showed was truly inspiring. I was fortunate to be invited to attend the funeral of the gentleman that we lost. What a moving experience that was and how devastated all of the officers were, all of the police that were there, and all of the firefighters, and all of the EMT. I want to thank you. The Council wanted to personally thank you for all your effort to make Leesburg and Loudoun County such a great place to be. It's people like you that really make a difference, so we really appreciate you. Victor Bendezu: Thank you. Mayor Burk: Thank you. Victor Bendezu: Thank you. [applause] Mayor Burk: Would you like to say a few words? Victor Bendezu: No. Mayor Burk: Are you sure? Victor Bendezu: I'm good. I'm shy. [chuckles] Mayor Burk: I think she'd like to take a picture. All right. The next example that we have today is also heroic actions. As I read, we had a situation where someone was in dire need of help, and it was our staff. I would ask if Aimee Cox, Bryce Ober, Sam Roesler, and Howard Belle, would you all mind coming up? Sam, am I saying your last name wrong? Sam Roesler: Roesler. 5IMarch 19, 2024 Mayor Burk: Roesler. That was close. Sam Roesler: Yes, you got it. Mayor Burk: And Howard. Howard Belle: Which side? This side? Mayor Burk: Yes, it's fine. Oh, Greg is here? Where is Greg? Greg, would you like to come up and join us? Would you like to get the proclamations out? What you guys did, you may not think much of, but most certainly for you, it was. Would you like to say a few words? Gregorio Membreno: Sure. I'd like to say thank you for each and one of these people that helped in dire need of myself. God placed your hands to move in action, and I really appreciate it. You guys did a big thing. You may think it's nothing, but it's really-- you guys are doing a good thing. Keep on doing what you're doing and it's just-- Yes. Mayor Burk: You look like you're doing well. [laughs] That's great. [applause] Mayor Burk: Because of your training and your fast action, you knew what to do and you were willing to do it. We're very grateful and very proud of you for that. Thank you for stepping in and participating. It was really very brave of all of you and we're very proud that you were there and that you stepped up and helped a fellow person that was in need. Would you like to say a few words? Howard Belle: No, I'm good. Mayor Burk: You're sure? Ladies, would you like to say a few words? [laughter] Mayor Burk: Well, I will say from the Council to all of you, thank you very much. We truly appreciate it and I'm very proud of your actions and the fact that you saved a life. We're glad you're here. [chuckles] Here and here. Please let me give you the proclamations, a copy of the proclamations so that you can put them on your wall, show people, brag. You have every right. [chuckles] Thank you all very much. Thank you. [applause] Mayor Burk: Oh, can we get a picture? Could we all move in? How do you want to do this? Is that better? You got it? Thank you. Thank you all. I would shake hands with you, but I can't. [laughs] Thank you all. Kara just told me that Dr. Morgan is here. There he is, over there. I would like to just have an opportunity before you leave, Dr. Morgan was the ER doctor in charge that night. Did I get that title right? John Morgan: Almost. I'm a Medical Director for the Fire Rescue Department. All of our team showed up after these good folks did their excellent work at Ida Lee and continued the efforts to help bring the individual to the hospital. Without the quick actions, the calm call to 911, the use of CPR and AED skills, the outcome would've certainly been different. I just wanted to, again, pay tribute to community CPR, and quick recognition of an emergency, and activation of 911, which was key. Mayor Burk: Thank you. We truly appreciate the fact that you called us and let us know that you were so impressed by the actions of these individuals and that you as a doctor could see that it made a difference. Thank you very much for taking the time to do that and for being here tonight. John Morgan: My pleasure. Mayor Burk: Thank you, Dr. Morgan. 6IMarch 19, 2024 [applause] Mayor Burk: Okay. All right. We are so lucky tonight we have a special guest with us. We have Vice Mayor-- no, I'm only kidding. We have former Vice Mayor and Delegate Martinez here with us. He's going to talk to us about his first session as Delegate representing Leesburg. Delegate Fernando Martinez: Thank you, Mayor Burk. Thank you, Council. I appreciate the opportunity to give you an idea of what I have been doing since I've been elected as Delegate. The bills that I introduced a total of 21 bills that included topics following Democrat priorities individual and locality rights, which I happen to come from a locality. I really believe in doing that. Working with that education, the economy, public safety, and infrastructure. I also introduced 50 commending resolutions to recognize and celebrate the people of House District 29. On the individual rights. Now, I would love to Say that all these bills passed but they didn't, some of them didn't make it past committees. The point is that I went through the effort of putting these bills forward. A lot of these bills, they didn't pass, I'm bringing them back next year so that maybe we'll get it passed then. House Bill 192, which protects tenants' rights prohibiting predatory landlord practices. House Bill 194, which expands the parental rights of members of the Space Force. A lot of you may not realize it, but we have another armed forces, and it's called Space Force. When it was first created, there were 16,000 people in the Space Force. What this does is, it includes them in some language in certain bills. House Bill 370, mandates anti -harassment and anti- discrimination training in companies with over 50 employees. We're finding that the Federal government does a good job of providing harassment training, but not locally, not private business. A lot of them do it when they feel it's appropriate. One of the things I wanted to stress is that when I'm talking to these companies I'm saying, what this does when you provide harassment training, you're protecting yourself from lawsuits, and so forth, because you provided that training and so your liability is lessened. House Bill 371, which mandates informed consent to patients who may have procedures observed by students or trainees. What I found out was that if you go in for a procedure, and you're put under anesthesia, that there may be students or other people coming in and watching the procedure, and you don't find out about it till after you woke up. There are some people who find that invasive. This bill was just to allow patients to know that their doctor, if there's any training procedures going on while they're under, that he has to inform them before they put them under anesthesia. House Bill 1354, it's funny how it got passed. House Bill 1354 prohibits declawing, except in emergency instances. This was a bill that Wendy Gooditis put forward, Delegate Gooditis put forward last year that didn't pass. What ended up happening is because I believed that declawing is totally inhumane, I decided to put it forward this time, and it's actually now on the Governor's desk waiting to be signed. Locality rights, and I think the Town of Leesburg appreciate this one, because this one is also on the Governor's desk to be signed. House Bill 4, which redirects revenue generated by the plastic bag tax to towns where the revenue originated. I think, correct me if I'm wrong, Kaj, that would add another $48,000, about that, somewhere. We're keeping our fingers crossed. One of the good things about getting that revenue is you can then move it and do more for our environmental policies here in the Town. The environmental policies. Mayor Burk: Is Paul Sheaffer still here? Yes. Delegate Martinez: Yes. That's a good one. Education. House Bill 211 creates an audit process for educational programs to ensure teacher preparedness. Essentially, what that was, there is a criteria that colleges have to prepare or have to have for students who want to be teachers. The audit wasn't due until five, six, seven years from now, and this was going to have them do it immediately. Unfortunately, this didn't get by. There were a lot of schools that didn't want to have to do that extra audit. That one. Not that it didn't get passed, there's this thing about carrying it over to 2025, or tabling it indefinitely. I'm learning a lot about tabling and carrying it over. House Bill 369 works to combat sexual 7IMarch 19, 2024 misconduct on college campuses and enforce accountabilities for institutions and perpetrators. Now, this was the bill that was probably the most I really wanted to pass. It got carried over. Essentially, what it does, right now, our colleges aren't required to provide resources to students who have sexually assaulted outside the campus. This was to enforce that, but not only that, they don't count in the number of sexual assaults on a college campus. Those are not part of the accountability. This bill was going to make the colleges accountable, provide resources to students who are sexually assaulted outside the campus. Unfortunately, it got carried over, but this is one bill I'm going to be working on this summer to make sure that when I bring it back, that not only am I better prepared, not that I wasn't prepared this time, but I'll have a lot more ammunition to make sure that we can get this thing through because I look at it with my five sisters, three daughters, three granddaughters, and a great-granddaughter, I really wanted this to protect them. Anyway, that was the most emotional bill, especially when I had to explain it to the stakeholders. On public safety, on Bill 295, prohibits a parent with custody of a minor a protective order against the child. This is a pretty complex. When we finally got the bill written, there was a lot of information in there and a lot of sections. I'll just leave it that this is another one that got tabled, but it's something that I want to bring back next year. House Bill 364 allows localities, the authority to decide to require fire sprinklers in townhomes. This is another one I really wanted to pass. Essentially, what it does is it allows you, the Town Council, to decide if sprinklers are going to be put in new townhomes. What I used in my description of this, my son bought a townhome with a sprinkler system in it. The sprinkler systems are local in nature. His dryer caught fire. The sprinkler head over the dryer is the one that went off, not the whole townhome, but that saved him, his wife, and two dogs. I feel that there is a need to put these in new townhomes for the protection of our citizens. I think saving the life is a lot more important than worrying about the cost. The big thing was the cost. Actually, I had a lot of good information, and Keith Johnson, our career Firefighter Chief here, was there to support me on that. Infrastructure. House Bill 5. Again, this originated in the Town and it creates a parking authority in Leesburg to allow the Town to create more parking and enter into long-term development agreements. That is also on the Governor's desk. Lastly, a list of committee resolutions including one of our officers that are retiring. These, I won't get till probably April 17th, but I'm hoping with the cooperation of the Council and other organizations that I can present these to them at the appropriate times. That is essentially what I've done. There are times we were in session from 7:00 in committee meetings all the way to 6:00, 7:00 in the House session meetings. I really enjoyed it. One of the comments, questions I was asked was, what's the biggest difference between Council and being a Delegate? In Council, I only was one of seven. Down there, I'm one of 140. A whole different set of personalities and things. A lot of minefields you had to navigate. I will tell you that I truly enjoyed it. I'm looking forward to the next session. Unfortunately, this session, we started in November, and you really need to start all your legislation beforehand. I'm looking forward to meeting with the Town Council and their legislative priorities, hopefully, early summer, and so we can get going on it, and I can craft legislation again to benefit our Town. Thank you all for listening to me. I don't know, have you ever had on Council a Delegate come by and give you an update? Mayor Burk: Occasionally, but yours is the best. Delegate Martinez: Well, I plan to do this on a regular basis. Mayor Burk: We will be delighted to have you do so, and we're very proud of the two things you brought forward for Leesburg passed. We're very excited to be able to participate. Thank you very much for all your effort. Delegate Martinez: Thank you all. I really appreciate it. I know I'm out of time. Mayor Burk: Yes, you are. I know. 81March 19, 2024 Delegate Martinez: I can see I'm out of time. I heard the buzzer, but I'm taking points of privilege. Mayor Burk: You're done. [chuckles] Delegate Martinez: No, I just want to say that all the staff that's still here that I've seen, I am so happy I'm here to be able to see them. Alexandra Gressitt, who is also retiring. I just want to say that I really appreciate the opportunity to reconnect with some of y'all. Thank you. Mayor Burk: All right. Great. Thank you very much, Delegate Martinez. That was our only presentation for tonight. Are there any regional commission reports? None at this point. Petitioners are-- Sorry, I need to read something. One of the first orders of business is to hear from the public, and all members of the public are welcome to address the Council on any item, matter, or issue. Please identify yourself, and if comfortable doing so, give your address for the taped record. Any public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness, we ask you to observe the three -minute time limit. The green light on the timer will turn yellow when you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of order adopted by this Council, the time limit applies to all. We did not have anybody sign up for our petitioner section. Is there anybody in the audience that didn't sign up that would like to speak at this point? Seeing nobody. Then I will close the petitioner section. That takes us to the approval of the consent agenda. We have a couple of items. 12A is the Purchase of Replacement Sanitary Sewer Camera Truck for Department of Utilities. B is the Appropriation of Internet Crimes Against Children Task Force Funds. C is Town Utility Customer Assistance Program. Do I have a motion to accept those for the consent agenda? Vice Mayor? Seconded Council Member Nacy. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That passes 7-0. That takes us to our public hearings. Now, we have a public hearing on the tax rate, and then it goes to the Code section dealing with financial staffing. I was going to ask Council if we could just put together the public hearing 13A, go to Resolution 14A, 14B, and then return to 13B. Does anybody have any problem if we do that? All right. Seeing none. We have a public hearing for number one. Public hearing is up here. I call to order this March 1911, Public Hearing of Leesburg Town Council. Unless there's an objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway outside of the Council Chambers. If you did not get the opportunity to sign up, we will give you an opportunity to speak. In the interest of faimess, we also ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes, indicating that you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as spokesperson. Our procedure will be, first, there is a brief presentation by staff about the item before us. Second, the members of the public that will have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda tonight is 2024 Tax Rate and Fee Ordinances Adoption. Hello. Tamara Keesecker: Good evening, Madam Mayor, Members of Council, members of the public. I am Tamara Keesecker, T -A -M -A -R -A K -E -E -S -E -C -K -E -R. Mayor Burk: Thank you Tamara Keesecker: I'm the Deputy Management and Budget Officer for the Department of Finance and Administrative Services. As the Mayor noted, I am here to open up the public hearing for the Tax 9IMarch 19, 2024 Year 2024 Rate Setting. As you know, the FY 2025 fiscal year budget, the proposed budget maintains a real property tax rate of 17.74 cents per $100 of assessed value. In comparison, the overall equalized rate is 16.95 cents. If the equalized rate were to be used, it would require expenditure reductions of approximately $908,000. For reference, each penny of the real estate tax rate is valued at $1.1 million in revenue for fiscal year 2025. Turning to the taxable real estate portfolio, the tax year 2024 assessed value for the portfolio is $11.4 billion. Of that, residential comprises about 77% at $8.8 billion. Commercial comprises the other 23% at $2.6 billion. Within the residential component, existing residential parcels appreciated 4.1%. New residential parcels added about another percent, and total residential property has appreciated 5%. On the commercial side, existing commercial properties appreciated 6.5%, with new commercial parcels adding about a half a percentage for total commercial growth of 7.1%. Again, the tax year 2024 assessed value for real property is $11.4 billion. That represents overall growth of 5.5%. This slide shows the tax year 2023 and tax year 2024 average assessments and the average tax bills for residential units. You'II see that at the proposed 17.74 cent tax rate, the average residential tax bill is expected to increase $42, or $3.50. You'II also see that that varies by class type. Condominiums, it's a little bit lower at $29, and single family detached is at $49. Of course, the actual increase will vary based on the individual assessments. Where do the tax dollars go? For each dollar, 74 cents goes to those direct services that the community expects. It goes to Police, Public Works, Capital Projects, Parks and Recreation, and the Balch Library. The remaining 26 cents covers Finance, IT, and HR, the departments of Economic Development and Community Development, and then the administrative and legal components of the Town government. That, Madam Mayor, concludes my presentation. We are here to answer any questions. Mayor Burk: Thank you very much. Are there questions at this point? Yes, Mr. Wilt. Council Member Patrick Wilt: Just a quick process. The five BIPs from the meeting last night, where did that go, the 17.79. We're recommending 17.74? Kaj Dentler: Staffs going to correct me if I get off base. I believe the delta between the proposed 17.74 and 17.79 is $58,000. Council, whatever motion you make tonight, we will address that. If Council wants to approve that amount, then that would be the rate. If you want to make a reduction to bring it back to 17.74, you can do that and I can address how to do that. I'm sorry if I didn't hear your question. It's a little hard to hear you on this side sometimes, so if I answered the wrong question, please let me know. Council Member Wilt: Got it. Thank you. Mayor Burk: Mr. Wilt, we can vote on the 17 cents and-- Kaj Dentler: The proposed rate is 17.74. Mayor Burk: 17.74. Kaj Dentler: Last night, you landed at 17.94, but you'll need to make a motion in a second and have a super majority decide what your rate is. Mayor Burk: You can keep it at where we are now. You can do the additions that we had. Mr. Dentler has some ideas on how we could make up that $60,000. It depends on what the super majority want on Council. Okay. Any other question? Is there a motion? Eileen Boeing: Speakers. Mayor Burk: Oh, speakers. There are none. [chuckles] Nobody signed up to speak. Is there anybody in the audience that didn't sign up that would like to speak at this point. I almost thought you were 10IMarch 19, 2024 raising your hand. I was getting excited. [chuckles] Then I will close this section of the resolution and we will have a motion. Does anybody want to make a motion on this? [pause] Vice Mayor Steinberg: Yes, Madam Mayor. I move to approve the proposed ordinance setting the real taxable property rate and the tax rate for certain personal property for tax year 2024 amending Appendix B — Fee Schedule. Mayor Burk: This is a little obtuse to understand. Council Member Nacy: Yes. Mayor Burk: We're -- Council Member Nacy: Yes, I'm confused. [chuckling] Mayor Burk: We are not setting the rate. With this motion, it doesn't set the rate. Do we need to include that in the motion? Chris Spera: You should specify what the rate is. I believe the proposed ordinance, Cole, you'll correct me, is the 17.74. Cole Fazenbaker: 17.79. [crosstalk] - Chris Spera: Okay. We amended it after the discussion last night. That's where you had left it with the instruction to Council, so the the proposed ordinance is at that number? Cole Fazenbaker: Yes. Mayor Burk: Okay. Chris Spera: With the additions and deletions from last night. Vice Mayor Steinberg: I would move that the proposed rate is set at 17.79. Mayor Burk: Second? Council Member Bagdasarian: Second. Mayor Burk: All right. Is there any discussion on this? Ms. Nacy? Council Member Nacy: Yes. I would not be able to support it as it currently stands, but if there were to be a friendly amendment to put it back to 17.74, which is holding the rate where it has been for the last several years to lessen the impact on our residents, I would like to propose that. Mayor Burk: Okay. Before you respond, would you, Mr. Town Manager, explain how would we make up that difference? Kaj Dentler: Sure. The delta, again, is $58,000. Correct? We have a vehicle that was planned in the FY25 budget for the Construction Manager, that's basically estimated at $60,000. We would just withdraw that from FY25 and try to buy it in the last quarter, which we're coming up on in this year to make that happen. Mayor Burk: Where would those funds come from? Kaj Dentler: Will come from existing fundings that we already have in FY24 General Fund. The 11 (March 19, 2024 dollars that you've already appropriated, we will wait until the fourth quarter to look at where we stand, but we feel that we'll be able to acquire that vehicle in this year's funding, thus we can take it off the FY25 proposed and then that allows the rate to be dropped to 17.74. Vice Mayor Steinberg: I am comfortable with that. Mayor Buck: Okay. You accept Ms. Nacy's-- Vice Mayor Steinberg: I accept the friendly amendment. Yes. Council Member Nacy: I accept. Yes. Mayor Burk: We are approving the real estate tax property rate and the tax rate for certain personal property at a rate of 17.74. All right. Any other comments? Council Member Nacy: It holds it where it has been? Vice Mayor Steinberg: Yes. Council Member Nacy: Okay. Mayor Burk: Ms., Eileen, does this require a roll call? Eileen Boeing: Yes. This [inaudible] Mayor Burk: Being that there's no more comments, Mr. Wilt, are you a yay or a nay? Council Member Wilt: Yay. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: Yay. Mayor Burk: Ms. Nacy? Council Member Nacy: Yay. Mayor Burk: Vice Mayor Steinberg? Vice Mayor Steinberg: Yay. Mayor Burk: Mr. Cummings? Council Member Cummings: No. Mayor Burk: Dr. Cimino -Johnson? Council Member Cimino -Johnson: Yes. Mayor Burk: Mayor Burk is yes. That passes at 17.74 [inaudible] The rate? Chris Spera: 17.74. Mayor Burk: 17.74. Is that it? Chris Spera: Yes, 17.74. Mayor Burk: Oh. [laughs] No, .74 [laughs]. 17.74. 12IMarch 19, 2024 Council Member Nacy: I'II take 17.00. Mayor Burk: Yes, yes, yes. [laugher] Mayor Burk: Okay. Okay [laughs] I'm sure our residents would. Then that takes us to the resolution for the Fiscal Year 2025 Budget Adoption. Kaj Dentler: Hey, Mayor, can we just verify Mr. Wilt as a yay or a nay? Mayor Burk: Yes. He was a yay. Kaj Dentler: I think you were a yay? Council Member Wilt: Yay Mayor Burk: Yes Kaj Dentler: Nay? Council Member Wilt: Yay. Mayor Burk: Yes. Kaj Dentler: We were having a hard time on this end, so just wanted to make sure. Mayor Burk: All right. Fiscal Year 2025 Budget Adoption. Do we have any [inaudible] Kaj Dentler: There's no further presentation. Let me just ask Cole, do you need to clarify anything? Cole Fazenbaker: Yes. The bottom line general fund amount will change slightly since we took the truck out. We can do that math if you need to say [crosstalk] Kaj Dentler: For item 14B. On 14A there's no changes. Cole Fazenbaker: No change. Kaj Dentler: No changes for 14A. The capital improvement program. 14B, the budget is as proposed is minus the $58,000 to offset the tax rate. Mayor Burk: 14A is the Fiscal Year 2025 to 2030 Capital Improvement Program. Do you need a motion on that? Kaj Dentler: Yes. Mayor Burk: Do I have a motion for that resolution 14A? [background conversation] Vice Mayor Steinberg: Adopting the Capital Improvements Program? Mayor Burk: Yes. Vice Mayor Steinberg: Motion. I move to Approve the proposed resolution adopting the fiscal year 2025 through 2030 Capital Improvements program in the amount of $308,568,036. Mayor Burk: Is there a second? 13IMarch 19, 2024 Council Member Cimino -Johnson: Second. Mayor Burk: Seconded by [inaudible] Any comments? All in favor indicate by saying, "Aye." Members: Aye Mayor Burk: Opposed? Council Member Cummings: No. Mayor Burk: [inaudible] Next item is Fiscal Year 2025 Budget Adoption. I'll make a motion on this one and [inaudible] adopt the proposed ordinance as amended Adopting the Budget for Fiscal Year 2025, Making Appropriations for Fiscal Year 2025 to the General Fund, Utility Fund and Capital Project Fund. Authorizing Amendments to the Budget and Supplemental Appropriations by Council resolution, Amending and Reaffirming the Fiscal Policy and Authorizing and Directing the Town Manager to Take All Steps Necessary and Prudent to Effectuate the of the Ordinance. Is there a second? Council Member Cimino -Johnson: I'll second. Mayor Burk: [inaudible] Any comments. Yes, sir. Council Member Cummings: Thank you. I just want to say I do appreciate staffs effort. I do appreciate it. Unfortunately, I won't be able to vote for the budget tonight with 3% inflation, 4.1% utility rate increases in the next fiscal year, a 5% average increase in property taxes, meaning our residents will be paying more in property taxes and an unknown stormwater management tax, I just can't vote without giving some money back to the residents. I've heard it a lot from folks, it's not politics for me. It's about people. It's about the teacher at Catoctin Elementary School that talked to me recently about their 4% raise going to their increased utility rates. About the young family that I worked with to find a home here in Leesburg that's battling inflation on their food, on their gas and on their childcare. It's about the grandparents I spoke to this weekend that live over in Country Club and they want to stay in Leesburg because this is where their grandkids live. With a 5% increase this year after seven and higher the years prior in their property assessments and higher taxes, they don't know what they're going to do, so unfortunately without putting any money back into our resident's pockets I can support this budget but I really do appreciate staffs effort. I know it's a lean budget and I hope next year we can do a little bit more for our residents. Mayor Burk: [Inaudible] did you have something you want to say? No. All right. All in favor indicate by saying, "Aye" Members: Aye. Mayor Burk: Opposed. Council Member Cummings: No. Council Member Wilt: Nay. Mayor Burk: That is 5-0. Not 5-0. 5-2. Sorry. Now we need to go back to-- which one did I skip? Chris Spera: 13B. Mayor Burk: 13B. Amending the Town Code 2-156, 2-157 and Related Sections to Provide the Town Manager with Flexibility and Financial Staffing. Eileen Boeing: You need to open the public hearing. 14IMarch 19, 2024 Mayor Burk: Oh, I'm sorry. Chris Spera: We're back to a public hearing. Yes, ma'am. Mayor Burk: All right. I call to order this March 19th public hearing of the Leesburg Council. Unless there's an objection, I'll dispense with the reading of the advertisement. If you wish to speak, we asked that you either sign up on the sheet in the hallway outside of Council Chambers, but if you did not get the opportunity to sign up, we will give you the opportunity to speak. In the interest of fairness. We also ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes, indicating that you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules and orders adopted by this Council, the five-minute time limit applies to all citizen. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as spokesperson. Our procedure for the public hearing is this, first, there is a brief presentation by staff about the item before us. Second, the members of the public that will have signed up to speak will be called and given five minutes. The public hearing on this item tonight [inaudible] 2-516, 2-517 and Related Sections to Provide the Town Manager with Flexibility and Financial Staffing. Chris Spera: Madam Mayor and Members of Council, what we have this evening is an amendment to the Town Code. The way our Town Code is currently structured is that there is a Code section that defines the Director of Finance Administrative Services. We want to change that title. You have to have, pursuant to the Town Charter, a Finance Director so you have to name an individual there, but what we wanted to do after consultation with the Town Manager to give him some flexibility as to how he designates among his staff who serves the role of the Finance Director and to give him some flexibility and the ability to do that, we've had to make these proposed changes. What we do is we still have a Finance Director because that's required by the Town Charter. We're going to change the name of the Department of Finance and Administrative Services to just the Department of Finance. Then what we've done here in 2-157 is to allow the Town Manager to designate who the Director of Finance is. I believe what Mr. Dentler would like to do is have a Deputy Town Manager for Finance and Administrative Services and then designate that person to fulfill the statutory role of Finance Director. It doesn't really change so much the job, but it allows the title to be a little bit different in the way that our Town Code was currently structured, we didn't have the ability to do that. I don't know that these are substantive changes, but instead of having Mr. Case who's the Director of Finance and Administrative Services, our incoming person fulfilling those roles would be a Deputy Town Manager for Finance and Administrative Services. Again, that gives Mr. Dentler the flexibility based upon the skill that we can find out in the market when we have to replace folks or whether he wants to add or subtract the duties that a particular individual has. This gives him that flexibility. It is a verbiage change necessitated by Mr. Dentler's request for that flexibility. It really does not substantively change anything that we're doing from a professional and responsibility perspective. Again, I apologize for the length of the ordinance but because we're changing the title, we have to go through all these other Code sections and make those amendments as well. The substantive changes are here 2-157. Then all these others are just because we are making a title change to the department, we've now got to make the changes in these chapters to match. Those are non - substantive. Again, the rationale to give Mr. Dentler the flexibility and ensure the ability to move with the market for future staffing and to match skillset sets to responsibilities. I'm happy to answer any questions. Again, this is not a substantive change, but one that we have to do to give Mr. Dentler the flexibility he's requested. Mayor Burk: This is really just a name change? Chris Spera: Essentially, those were a lot of words by me to say that. Yes, ma'am. 151March 19, 2024 Mayor Burk: Thank you. See if anybody got any questions on this. No, it's pretty straight forward [inaudible] Do I have a motion? Vice Mayor Steinberg: No. Mayor Burk: No? Okay, I forgot, it's a public hearing again. Chris Spera: It's a public hearing. Mayor Burk: There is nobody who is signed up to speak. Is there anybody [inaudible] Seeing no one, I've closed the public hearing. Now, I will ask, is there a motion? Council Member Cummings: I'll make a motion, Mayor. I move to approve the proposed ordinance Amending the Town Code to Change the Title of the Director of Finance and Administrative Services to the Director of Finance. Vice Mayor Steinberg: Second. Mayor Burk: Seconded by [inaudible]. All in favor indicate by saying, "Aye." Members: Aye. Mayor Burk: Nays? That passes 7-0. Chris Spera: Thank you. Mayor Burk: [inaudible] [indistinct speech] Kaj Dentler: Madam Mayor. May I ask permission to go out of order for a second? Due to the finding of the topic that we just held, this is Mr. Case's last Council meeting. He retires next Friday and I wanted to acknowledge his service. I didn't want to have to hold him over any longer while we went through our comments. I did want to acknowledge him and I did ask if he would very briefly share the results of the numbers we got our bond sale. Clark Case: Thank you. I'm Clark Case. I'm Director of Finance and Administrative Services at least for another week. We have been very busy in addition to doing budget. We've been trying to issue a number of bond issues. We did a competitive bid to replace the lines of credit that we've been using for the last five years. We did $53 million for a new line of credit for the general fund. We did $35.6 million line of credit for the utilities fund. We received five bidders. JP Morgan was the low bid. We decided to finance at variable rate because we think the rates are going to go down over the next two years. We wanted to have flexibility with additional funding. We expected over the next several years to able to pay them off or reduce them or do whatever we wanted and have flexibility. We felt flexibility is more important than locking down a rate. We were able to finance those at 5.29% variable which is sitting right about where the US Treasury is. In addition to that, today we sold $21,195,000 in general fund bonds for 20 years at 3.53%, $11,000,190 refunding of the 2019 utilities line of credit at 3.81%. New money general fund bonds was $21,195,000 and the refinancing of the line of credit from 2019 was 3.4%. The total $41,938,000 refinancing was done at 3.53% overall. Very, very good results that's actually better than the US Treasury. I do want to mention that we looked at the possibility of refinancing the series 2014 bonds. We had told Council we would not do it if it didn't exceed 3.0%. What the market was willing to give us today was 3.14%. I declined that refinancing because I felt that we can do better by waiting. We do have 2015 bonds that will be refinancable here in November. If we combine the two issues together and go back into the market six months from now I think we will do much better by having waited. I would have no problem recommending to the Council, if you need to wait till this time next year that would 16IMarch 19, 2024 be okay too because I do believe rates will come down. I think that the Town can afford to wait until the rates are optimal. With that, that's all I have to say about the financing. I do want to thank all of you for the opportunity to have served in this role. I have thoroughly enjoyed my nine years here. I deeply appreciate my team. I really appreciate having worked with Kaj. This is a very good body. I appreciate working with all of you. It has been a great ride. We've done a lot of refinancings and savings and investing. It's been a great place to work. The staff are terrific. I just wanted to thank you for that opportunity and let everybody know how grateful I am to had the opportunity. Thank you. Mayor Burk: Thank you. We're very honored to have had you here for nine years, Mr. Case. [applause] All right, that brings us to our future meetings and Council meetings and agenda topics. [inaudible] [indistinct speech] Eileen Boeing: Madam Mayor? Mayor Burk: Yes. Eileen Boeing: Could you try and use Mr. Cummings' microphone? Mayor Burk: May I use your microphone? Is there anybody on this side? Dr. Cimino -Johnson? Council Member Cimino -Johnson: Yes, Madam Mayor. I'd like to bring up two items I'd like on a future work session. The first being clarification around the unassigned fund balance and what the mechanisms are around that, including the policies. Then the second item I'd like to discuss in the future long before the end of the year, but the budget timeline for calendar 2026 or fiscal year 2026. Come up with what that's going to look like for next year. Mayor Burk: Could they not both be together? Council Member Cimino -Johnson: Oh, yes. They could be together, yes. Mayor Burk: Are there four people that would be interested in having the discussion on the clarification of unassigned fund balance and the budget timeline? Council Member Bagdasarian: I think we start next week. Mayor Burk: Not talking. Everybody's fine with that. I have a couple of things and I just lost what it -- Oh there they are. First off, I want to welcome our third ABC store to Leesburg, which opened today. It's on Compass Creek. They did comment that they knew that they were coming into Town and we're very happy to do so. I truly want to thank staff for all of the time, the effort, the frustrations, the excitement of putting together the budget and how difficult it is. We are not a tiny little Town anymore. We try to maintain that small-town feel, but we most certainly we're hitting 50,000 people and we are the largest Town in Virginia. The budget is a major component and it's what provides all the services that we provide. The people and the residents of Leesburg have learned to expect a lot from Town government. We have been trying to deliver, and I think we did. So today with our budget that we just approved, I want to thank the Town Manager and his team for all of the efforts you put in all the questions that we had. Some of us more than others, but most certainly everybody had questions and that was good. It's always good to ask questions and get the information. Really appreciate all the direct answers and everything that came forward. I want to thank the residents. It was pretty quiet, but we did get some comments and some ideas from the residents and I want to thank them. Finally, I want to thank Council for all that you do to make Leesburg this great place that 171March 19, 2024 we live, but to do it with dignity and generosity towards each other. We don't always agree, but we always respect each other and take care of each other and make sure that we are addressing each other as the colleagues that we are with respect, dignity, and regard. I want to thank you for that. That doesn't always happen in other locations. That says a lot about all of us up here and I truly want to thank you for that and I'm very proud to call you my colleagues. I would like to add one thing for discussion. I would like to have a discussion on doing a text amendment change to the Mintjens property. That is our last large piece of property. It was zoned a certain way and perhaps it doesn't fit anymore. I think it's time that we look at this property and see if there's changes that we need to make. I was wondering if I would have three other colleagues that would be willing to have that conversation. The Mintjens property is the property behind the Outlet Mall. Four people that would be willing to do that, thank you very much. Mr. Bagdasarian, did you have something you wanted to say? Council Member Bagdasarian: I was asking where it was. Mayor Burk: That's all I have. Mr. Town Manager. Kaj Dentler: Yes, very briefly. I want to first thank you for the approval of the budget and working with us as staff to go through the process, I greatly thank you for approving the COLA for our employees. It means a lot to them. I know it's difficult at times to make that decision when you have to look at the entire Town. I'm very proud of our staff and our budget team. I'm very proud of the staff that you saw here tonight that received recommendations or accommodations, from our Police Department and our Parks and Recreation Department to show the quality employees that we have and the expectations that we have. I'm also very proud of Clark Case as being our Director of Finance and Administrative Services for the last nine years. He's been outstanding in that role, and we certainly will miss him. His replacement, Owen Snyder, will arrive on April 22"d. He's already involved with daily conversations with Mr. Case, preparing versus waiting until day one to show up and find out how we operate. I'm glad to see that. Then the last thing I have really is assuming that the Town Attorney says this is acceptable if I can have a head nod from you that since the Diversity Commission funding request of $4,650 did not pass, they would like to use $800 of their existing funding, so FY24, to buy the translation service for the Web site. They asked if I would raise that for you tonight. I should have done that during the budget. I apologize. Versus sending another e-mail out to you and waiting three weeks, I want to know if you're okay with that. If there are any objections, we'll schedule a discussion. Mayor Burk: Anyone have an objection on that? Then, we can move forward on it. Kaj Dentler: Thank you. Mayor Burk: Is there a motion? Vice Mayor Steinberg: So moved. Mayor Burk: Second? Council Member Bagdasarian: Second. Kaj Dentler: All in favor? Members: Aye. Mayor Burk: Nobody wants to stay? Any no's? Meeting's over. Thank you. 181March 19, 2024