Agenda
Full agenda packet (agenda plus every staff report and attachment): https://download.avcaptureall.cloud/customer-ba96cef4-d1fa-474b-a941-9d576099fc0f/meetings/1e904400-721c-4cfc-ad33-1dc4a34ab736/packet.pdf
Transcript
SOURCE TRANSCRIPT
This transcript is downloaded from the source you provided but we haven't reviewed it for accuracy. Treat it as a starting point, not a verbatim record. You can also request an AI-transcription of the audio file with the button to the left.
This transcript looks garbled at the source (not a parsing bug on our end) -- treat it as approximate.
[0:06]
Evening ladies and gentlemen. Time is 6:30 p.m. Uh, I will call the, I call the,
[0:11]
uh, regular meeting for Thursday, October 8th, uh, 2026 of the Levisville Town Council
[0:17]
to order. I am, uh, Mayor Christopher Holnbaker, and we, believe it or not, we have
[0:21]
a full diocese with Council Member Stuart Stahl, uh, Council Member David Smith,
[0:25]
Council Member David Earl, Council Member Anne Arena, and Vice Mayor Tom Budner joining
[0:30]
me this evening. We have one vacancy on council. With us this evening, we also have
[0:35]
uh Mr. Jason Gnori, our town manager, Mr. John Merrithew, our planning director and
[0:40]
zoning administrator, Ms. Sarah Moseley, our community engagement economic development
[0:44]
coordinator, uh, Ms. Lizzie Fontaine, our town clerk, and our town attorney, uh,
[0:51]
Mr. Rob Sproll will be joining us on or about around 8 o'clock, uh, to, as part of
[0:58]
some of the action, uh, this evening. Uh, please rise as you're able and join me
[1:04]
in the Pledge of Allegiance. I pledge allegiance to the flag of the United States
[1:10]
of America and to the republic for which it stands, one nation under God, indivisible,
[1:16]
with liberty and justice for all.
[1:23]
Next up are comments from the public. If you're on the land of Zoom and you wish
[1:28]
to uh make a public comment, I will, uh, let you know that there is a fiscal year
[1:34]
2027 supplemental appropriation as part of our public hearing, and we ask that during
[1:41]
those public hearing, uh, those public hearing matters, we would give you the allotted
[1:45]
time to make those comments, uh, during that time. But if you have any other public
[1:50]
comments, Uh, and you wish to, uh, provide them, if you're on the land of Zoom at
[1:55]
the bottom of the screen, you will see a raised hand icon. If you press that, you
[1:59]
will be, uh, promoted to a presenter, at which time you'll be provided the opportunity
[2:04]
to deliver your comments within the allotted time. Madam Clerk, is there anybody
[2:10]
in the room or online that wishes to make public comments this evening? Yes, I have
[2:14]
Frank McDonough. Um, OK, uh, Mr. Vice Mayor, would you please,
[2:21]
prior to public comments, please read the rules for public comment.
[2:34]
Comments from the public are limited to 3 minutes at the beginning of the council
[2:37]
meeting. A speaker representing a group or organization will be allowed up to 5 minutes
[2:42]
to present the position of the organization. Any member of the public speaking for
[2:46]
an organization must submit a letter from the board of that organization authorizing
[2:50]
them to speak for the organization on that issue. Questions by the mayor or town
[2:55]
council members will not be counted against the speaker's time. All speakers shall
[2:59]
refrain from using vulgarities, profanities, and obscenities. Speakers shall address
[3:03]
the mayor and town council as a whole and not address the remarks toward any specific
[3:07]
member of the town council or staff. Mr. McDonough, if you, uh, please turn on the
[3:14]
mic at the bottom right and, uh, please state your name for and address for the record.
[3:20]
Frank McDonough, 25 South Loudon Street.
[3:26]
Um, specifically addressing this to the town council. Um, I know that you've received,
[3:31]
uh, the ethics complaint against the mayor that I filed almost two weeks ago. Um,
[3:37]
I have a concern about the procedure. When, when I was in contact with the state
[3:43]
board of elections, they indicated to me what their procedure was, how many days
[3:47]
it would take for them to, to do their investigation, and, and then, uh, make a determination.
[3:53]
It's the same from the county. However, in our procedures here, there is no specific
[3:59]
amount of time.
[4:03]
Um, previously, there were, um, ethics complaints about the mayor when he was on
[4:08]
the planning commission. They were investigated by the mayor at that time, found
[4:12]
to be true, but then nothing happened. And my problem with the with the transparency
[4:18]
then versus now is that there was never even a mention of it, um, in a public meeting,
[4:24]
which is part of the reason I'm here, but I think it's very important from a transparency
[4:29]
standpoint. That you acknowledge that you've received a complaint and what your um
[4:35]
what your methodology is going to be for curing that complaint. Um, I realize that
[4:41]
you can't respond to me now because this is an issue that's under investigation,
[4:45]
and, and I've, I've given that, I understand it from the clerk and from the town
[4:49]
manager, so, um, uh, but I do want to I implore you to make this a
[4:57]
transparent process and that um the people of Levittsville know what's going on with
[5:03]
it. That's all. Thank you. Are there any questions?
[5:12]
So, uh, I believe there's gonna be a statement this evening and obviously, uh, I
[5:15]
will recuse myself, but I do want to make sure and I will repeat this at the time.
[5:20]
I've already notified that the town manager, the town attorney, and our clerk that
[5:25]
in accordance with Virginia section, uh, State Code 2.237051
[5:32]
subsection E, uh, which allows for personnel issues. To, uh, for
[5:40]
the subject of the personnel issues to provide written notification of a waiver of
[5:46]
any FOIA, uh, exclusions. I have indicated as of this afternoon to please utilize
[5:52]
this writing as notification of my waiver to the FOIA exclusions afforded to me under
[5:57]
this section regarding the ethics complaint below. As such, any and all information
[6:03]
shall be disclosed. I will also say as a member of this diocese 2018 for the Sixth
[6:10]
time, uh, I have no problem disclosing the 350 pages of the witch hunt that was actually
[6:18]
provided in 2018 and would be happy to, uh, provide the waiver for that yet again,
[6:25]
uh, as nothing came up from that. So, um, I will be, I, I believe that's gonna be
[6:32]
part of tonight's meeting, but, uh, I wanted to make sure that that's on record.
[6:38]
Moving on, is there any other public comments to see? There was no one else signed
[6:44]
up in the room or online. OK. Is there anybody else in the room that wishes to make
[6:49]
public comments to see?
[6:54]
Moving on to item number 3, committee reports. We will start with you, Mr. Smith.
[7:03]
Thank you, Mr. Mayor. Um, at our last infrastructure committee meeting, um, The,
[7:10]
the committee. Completed the Work that we've been working on with regards to the
[7:16]
memorial policy. Um, we were gonna present that tonight to the town council, but
[7:21]
I think we're gonna wait till the next meeting, uh, and we'll present that to town
[7:25]
council for review, uh, and any input they wanna provide and, and hopefully adoption,
[7:31]
but, but you'll be able to get a chance to see that, uh, prior to the next meeting
[7:36]
and it'll be available to the public then.
[7:40]
Are there, uh, any questions? I do have one. Do you know the status of the plaque
[7:45]
for? I know you all recommended the last, uh, meeting for as part of a memorial,
[7:51]
and we'd asked on our last meeting that that move forward. No, at the end of this
[7:55]
time it is on our work plan coming up. We, we plan to reach out, um, in fact, I think
[7:59]
some coordination was gonna be in congruent with, uh, CBD, uh, I think later next
[8:04]
week, right? Is that next week or two weeks? OK. Um, We're, we're reaching out. Uh,
[8:12]
we haven't formally yet, but we're, we're on it. OK. Thank you.
[8:18]
Moving on to the CBD committee.
[8:22]
Thank you. Um Last meeting the CBD had was September 10th, and that meeting
[8:29]
encompassed everything Oktoberfest, um. All the uh CBD committee members um
[8:37]
participated and volunteered and, and reaching out to all the businesses to make
[8:43]
sure everything was OK with the With the uh door, the stickers and the beverages
[8:50]
and all that, thank them for that. And of course, Mrs. Mosley for everything she
[8:56]
did Oktoberfest. Our next meeting is October 15th, next Thursday.
[9:05]
Uh, we'll be talking about the Coco Call, which is December 5th, and we'll be going
[9:10]
over the draft marketing plan for 2027.
[9:15]
That's it. All right. Any questions of the CBD report? OK. Moving on to item
[9:23]
number 4, the town manager's report, Mr. Koyer.
[9:31]
You know, some airtime council, uh, some updates here, some recurring items have
[9:35]
been on here for a little bit. Um, no update, update from EPA, but again, we, we
[9:40]
stand ready, uh, for the Quarter Branch Water Main replacement. I did present to
[9:44]
the Virginia, uh, Construction, uh, Transportation Construction Alliance Group this
[9:49]
past week, um, and we talked about this water main replacement project. So there
[9:53]
are, I've already kind of been in communication with some potential contractors when
[9:58]
that does hit the street. Again, that's awaiting EPA approval of awarded funding.
[10:03]
Um, there's a huge backlog, as you can imagine, um, in the EPA, so we are among many
[10:09]
other jurisdictions waiting for the approval. We have 4 applications in as well,
[10:14]
um, following this one. Town Center well rehabilitation. The, the project itself
[10:20]
is done, uh, the fencing is all done. Uh, the grass is, is starting to take shape.
[10:25]
The landscaping will be completed in the coming weeks. Uh, with the, with the kind
[10:29]
of the cold, uh, overnight temperatures, it's kind of decided perhaps we need to
[10:35]
wait a little bit and the grass is actually, uh, picking up there, so that's good
[10:39]
for, um, erosion control and things. Initiative building renovation, that project's
[10:44]
in its final stages as well. Um, we are, we are looking to outfit the new office
[10:50]
space at this point and just kind of punch item things. So, uh, that project is,
[10:55]
uh, very close to completion. Our veteran pavers, while the process, uh, for the
[11:00]
applications are closed for this year, we did procure or secure 19 pavers that will
[11:05]
be dedicated and installed for the upcoming, uh, Veterans Day ceremony on Wednesday,
[11:11]
November 11th at 11 p.m. out at the Veterans Memorial. Uh, no update on the uh Levit
[11:18]
Hill Recycling Center. Uh, I'm just keeping in here to kinda, uh, periodic any milestones
[11:24]
that are reached. I'll, I'll keep, uh, you and the, and the public informed on that.
[11:28]
Uh, the town remains under a drought warning, so we're, we're continue to do voluntary
[11:33]
water conservation as, as, uh, appropriate in order to avoid restrictions. Uh, however,
[11:40]
some of the, the rehabilitation there of town center well, um, are exceeding expectations,
[11:45]
so we're actually in a much better position. Our wells are in much better, um, condition
[11:50]
than they were perhaps during the summer before the rehabilitation. So good news
[11:53]
there. Uh, we still are soliciting, uh, well, the planning commission is soliciting,
[11:59]
uh, public input for their, uh, town comp plan review. Uh, this Levittsville Community
[12:04]
survey. There are flyers all over town. It's on our social media outlets, our website,
[12:10]
um, so hopefully those, uh, listening at home or watching this later are familiar
[12:14]
with the survey and take a, take a moment to fill it out. Uh, we are getting a lot
[12:18]
of responses now, um, so more the merrier.
[12:24]
Uh, in that same vein, there are 3 surveys out there floating around. One was sent
[12:28]
directly to our town businesses, uh, for those businesses that haven't taken the
[12:32]
time to fill out the survey for Oktoberfest, we do encourage you to do that. There
[12:36]
are also surveys for patrons, again, posted on social media, as well as, um, the
[12:42]
vendors, uh, that took part and contributed to the festival. Street sweeping. So
[12:48]
now we have the date scheduled. Uh, we're working with the HOAs to get notifications
[12:52]
out to those residents. You're gonna see a lot more out in the public for public
[12:56]
notice. Uh, we are now working with our vendor to get the sequence for what streets
[13:02]
and what days and kind of time frames. Um, so, it will be on the, uh, October 22nd
[13:08]
and 23rd. That's Thursday and Friday. It's going to be during business hours. Uh,
[13:14]
it could start as early as 7. We're still working through the sequence. That's why
[13:17]
there's not much, uh, granular detail and kind of timing of what sector is gonna
[13:22]
be on what day. A town staff update. Uh, John Matthew will be transitioning into
[13:27]
retirement over the coming months. Uh, so we have, uh, published, um, his position
[13:34]
for full-time replacement, a planning and zoning administrative position. Uh, John
[13:39]
has, uh, Pledge to stay on through the comp plan review process at a minimum, so
[13:44]
that'll go into next calendar year. So, in the coming months, uh, we hope to have
[13:49]
uh his future replacement here and allow John uh to help with that transition, which
[13:55]
will be a big one. And then a note here, uh, next week, we do have um some scheduled
[14:01]
leave from staff uh that will leave the town office pretty limited. Um, so we're
[14:07]
seeking understanding from those that are trying to make payments on their utilities.
[14:11]
Everything will be posted, uh, as, as soon as possible, um, with a target of the
[14:17]
19th, any payments made next week. Um, so it should not. Uh, interfere with any kind
[14:24]
of, um, those that are delinquent or anything for shutoffs. So, it, it is a, uh,
[14:30]
a week where perhaps just a a short postponement of posting, um, the payment to the
[14:36]
account will not impact the account ultimately. We will have staff in the office,
[14:41]
it's just the accounting staff is basically on leave. So we, we, we will be managing
[14:46]
as best we can. And with that, Mr. Mayor, town council, that concludes my town manager's
[14:51]
report. Is there any questions regarding the importance, Mr. Mayor? Yes, um, uh,
[14:56]
first off, uh, thank you, uh, and I did see from, uh, on behalf of the HOA we've
[15:02]
received and distributed both the survey that was sent out by John and, and the note
[15:06]
that the preliminary note that was sent out by Sarah. Seeing that our next town council
[15:10]
meeting isn't until the 22nd, will you be sending out the details, uh, you know,
[15:15]
as a follow-up, uh, on the sweeping once you get it so we can distribute that and,
[15:19]
um, what sections when. Terrific. Um, also, um,
[15:29]
Oktoberfest surveys. Uh, any idea, uh, time frame when we would see the results of
[15:35]
those? We're still, they're still available to contribute. Um, Sarah's already started
[15:41]
preliminarily pulling together the results. Um, I'm happy to share those, uh, but
[15:46]
we're still getting surveys daily, so is there a hard close or? Not really. There,
[15:53]
there was the deadline for the vendors and the businesses. And that's passed. So
[15:59]
those are pretty much ready to go, but the survey for the attendees. In general.
[16:07]
But a deadline on that. Maybe could we get like where it sits next meeting, you know,
[16:14]
just, uh, like an over a quick overview. I mean, I, you know, I, I, I would say,
[16:19]
and I said this to you already, thank you very much. I think I, from my perspective
[16:22]
it was fantastic. The businesses all said that they did very well, but I just would
[16:27]
like to see the overall results that we, you know, have more data on it. Thank you.
[16:36]
Any other questions?
[16:39]
Thank you very much. Thank you. Moving on to item number 5, additions, deletions,
[16:44]
or modifications to the agenda. Are there any proposed additions, deletions, or modifications
[16:48]
for that? No. Is there any additions or deletion, modifications or deletions? I believe
[16:53]
there was one, that was proposed by Vice Mayor Budner to move 8A to the new 6D, and
[17:01]
that's gonna be the Love Winter event plan. That is under discussion item 8A to 6D.
[17:09]
Is that correct? Are there any other proposed changes? OK. Is there a motion to perform
[17:16]
that action and adopt the agenda as amended this evening, Mr. Mayor? Yes, uh,
[17:24]
I move to move item 8A Love Winter event plan to the consent agenda as item 6D
[17:32]
and approve the, um, agenda as amended. Is there a second? I 2nd. 1st is made by
[17:40]
Vice Mayor Budner, seconded by Council Member Arena. Is there any discussion? Hearing
[17:45]
none, is there any objection?
[17:49]
Sure. Hearing and seeing none, that motion will carry unanimously with all 5 members
[17:54]
voting in the affirmative, no one against, no abstention, no one absent, and 1 vacancy
[17:58]
on counsel.
[18:01]
Moving on to item number 6. The consent agenda as amended this evening will include
[18:05]
the September 17, 2026 town council meeting minutes, the September 30th, 2026 town
[18:12]
council meeting minutes, the supplemental appropriation for the 27 South Loudon Street
[18:17]
zoning and utility fee refund, and the new addition of the Love Winter event plan.
[18:23]
Uh, is there any questions you can ask questions, or did you wanna touch on anything?
[18:30]
Yeah, there were a few items that staff wanted to get some direction on the Love
[18:34]
Winter plan. There are two challenges, so I, if it's appropriate, I'd like to go
[18:38]
through those now, and then we can take action as needed. One is the memorial, uh,
[18:44]
uh, the memorial menorah lighting date and location. The second is also staffing
[18:51]
challenges for Ber Berserkel and the Scorkel, um, and, and whether we would partner
[18:57]
with someone in order to execute that given staff's limited availability. Is there
[19:02]
anything else I'm missing? So those are two major things that were pointed out in
[19:05]
the item that you can dispel now as part of the consent. That'd be great. OK.
[19:14]
Mhm Moving possibly moving the light of thoughts.
[19:24]
And the third item, why don't we get that? Yeah, yeah, that would have been nice
[19:27]
to know during the discussion of the uh. Oh, yeah, well, that's right. I think there's,
[19:33]
there's 33 things that we need to probably work through pretty quick. We can work
[19:36]
through it pretty quickly, but, OK, yeah. So, I, I think we had
[19:44]
some discussion with Sarah at the break, uh, and I think we're all amenable to move
[19:49]
in the menorah lighting to Monday the 7th, right? That answers one question, and,
[19:54]
and do it inside, um, because it seemed to be.
[20:00]
much better received than the town hall, uh, last year. And then what was the second
[20:06]
question? Staff, staff determination. We don't need staff for berserkel. OK, so no
[20:12]
staff or no staff support for berserkel. And then the lastly was trying to
[20:19]
um hold the light up Lovittsville judging um as part of one of the in
[20:27]
conjunction with the council meeting.
[20:31]
Oh sorry, no, uh, I think you need to come up to the mic, yeah, at this point. Moving
[20:37]
the awards, the acknowledgment of the winners into a council meeting in December.
[20:44]
Um, right now, they're separate on a separate evening.
[20:52]
Which there's only 1 December if you look, sorry, December 17th.
[21:02]
And we originally had them. Oh, typically they are with a council meeting, right,
[21:07]
right. The meetings on the 10th. Mr. Mayor, yes, sir. Wasn't it originally set the
[21:14]
way the way it's set right now to be, uh, coordinated with the CBD meeting? On the
[21:21]
calendar? No, no.
[21:26]
So all you're doing is taking it away from the CBD, bringing it back to where we've
[21:29]
always had it is in the town council, right? OK, so, so the reason, if I recall correctly,
[21:37]
that we were doing it on the 17th separately. And not the 10th, was we would now
[21:44]
have the tree lighting on Saturday. The menorah lighting on Monday, and that would
[21:50]
only give us 2 days to do Light Up Lovittsville instead of doing it that next weekend
[21:57]
and having it on the 17th.
[22:03]
OK. That's what's being proposed. We're just concerned that um with
[22:11]
the, the award ceremony that we might not get the turnout for people to, to support
[22:17]
the winners that it may be better to keep it with a council meeting. And the council
[22:23]
present them with the awards. School events too. There's some conflicting school
[22:28]
events as well, right? That's what I thought. All right, on the 17th, on the 17th.
[22:35]
Which is why we moved it.
[22:39]
No, I It was moved because last year we had all the events in one weekend, and it
[22:44]
was hard to do all the events plus the judging. So it was considered to move the
[22:48]
judging to the following Sunday and then have the award ceremony that Thursday. But
[22:54]
it's always a conflict with concerts and things at the schools that week, but we
[22:58]
don't know those schedules until like 2 or 3 months beforehand. But there, there
[23:02]
is a Woodgrove concert and a harmony concert that night. Gotcha.
[23:08]
All right, Mr. Mayor, can, can we switch the CBD and the town council meeting to
[23:15]
just switch those dates?
[23:19]
So the, the judging, uh, the awards presentation would still be on the day that is
[23:24]
now scheduled, but it would actually be the town council meeting instead of the CBD
[23:29]
meeting. There's conflicts on that evening now. That's what you just said. 17th you're
[23:35]
not gonna have. OK, well, OK.
[23:44]
So if the Approval of the consent agenda. I know
[23:52]
A lot of questions. The approval of the consent agenda can also include the direction.
[24:01]
For the love winner to not require staff or partnership for the berserkel. Set the
[24:08]
menorah lighting on Monday, December 7th. And to move the light up Levittsville Awards
[24:15]
to the regular town council meeting on the 17th, on the, on the 10th, on the 10th,
[24:20]
on the 10th, yeah, on the 10th.
[24:26]
Mr. Mayor, can I ask you a question? Is there anybody up here that would commit to,
[24:31]
because that would mean that that would have to happen either on Tuesday or can't,
[24:35]
yeah, Tuesday or Wednesday. I know I can't do Wednesday, but, um, is, is there anybody
[24:41]
here that light up Levisville on the 8th, yeah. Cause we'd need to have enough people
[24:47]
to do it, right? What's the reason we can't do it on the 6th? Um, well, the 6th is
[24:52]
Sunday, we could, um. 16. Where the sex
[25:01]
I just wanna make sure we have, you know, if it's, if we end up with one person,
[25:05]
it's not gonna be.
[25:09]
Lunatics.
[25:11]
I'm not available at 6 o'clock.
[25:20]
I'm flexible. I can go I can go with whatever the majority is.
[25:25]
Well, we're gonna need it in, uh, we're gonna need it in motion form, so. Whoever
[25:30]
is so moved. Uh, wait a minute. We said no staff for the
[25:37]
berserko. What was the 2nd item of memorial lighting on the 7th.
[25:44]
That would, that would leave the Let it blow it to either.
[25:52]
OK Or the 4th
[25:56]
In the 4th What
[26:01]
That's not a lot of time for people to put out their lights though, right? That's
[26:04]
the only, I think, probably concern, but Christmas lights up already. It's even Halloween.
[26:10]
OK, I'm, I'm, I just wanna make sure we have enough people to do it, so whatever
[26:15]
we can get 2 or 3 anybody is so moved to make a motion. They need a date. What's
[26:21]
well, you can throw out a date and someone can move to amend the motion, OK, if,
[26:25]
if there's some. Um
[26:32]
This wouldn't matter. This would have to be a unanimous decision. Go ahead. See if
[26:38]
we can do this. Um, I move to amend the Love Winter plan, um, to,
[26:47]
uh, acknowledge that no staff, Mr. Butter, I'm gonna call you out of order. This
[26:50]
is a consent agenda, so it, it would, the, the assumption is that you're adopting
[26:55]
the consent agenda as amended with the with, with, with the following changes. Got
[27:01]
it. I withdraw the motion. I move to adopt the consent agenda with the following
[27:06]
changes to the Love Winter event plan. Um, no requirements for, uh, town staff for
[27:12]
the berserkel on the Squirkel. Move the menorah lighting, um, to Monday 12/7. And
[27:19]
move the light up Lovittsville, uh, judging to 126. Is there a 2nd 2nd.
[27:33]
Emmy Awards?
[27:36]
I didn't hear. I didn't hear any second, so go ahead. I don't recognize the second
[27:42]
and the Light Up Lovitz will awards to December 10th.
[27:48]
Oh, sorry. And the light up Levittsville Awards, uh, to December 10th on the same
[27:52]
night as the town council meeting. Is there a 2nd 2nd. There you go. Uh, the motion
[27:59]
was made by council member Butner, I'm sorry, Vice Mayor Butner, seconded by council
[28:03]
member Stole. He's being almost non-controversial and uh Uh, routine in nature, uh,
[28:11]
we will go to a roll call about Ms. Arena. Hi, uh, Mr. Earl, Mr. Stone, Mr. Smith,
[28:18]
and Mr. Budner. That motion will carry unanimously with all 5 members voting in the
[28:22]
affirmative, no one against, no abstentions, no absences, and 1 vacancy on counsel.
[28:28]
Thank you very much. Thank you.
[28:32]
Moving on. To item number 7.
[28:37]
Uh, there is a public hearing, uh, for fiscal year 2027, uh, supplemental appropriation.
[28:44]
Informative summaries to seek approval of supplemental appropriation. Fiscal year
[28:49]
2027 in the amount of
[28:52]
$10,473,701.22 comprised a
[28:59]
previous year capital project appropriation, approved supplemental appropriations
[29:05]
for FY 27, state and federal awarded grant funding, and carryover for FY 26 appropriation.
[29:12]
Associated with contractual encumbrances and unused but a project balance, which
[29:17]
exceeds 1% of the total expenditure shared in the FY27 adopted budget. If you are
[29:24]
a I will go ahead and just, just read or state that if you are in the land of Zoom,
[29:30]
we will have a staff presentation, but if you are in the land of Zoom, if you wish
[29:35]
to speak to tonight's public hearing, you can press the raised hand icon as we open
[29:39]
the public hearing, uh, and you will be provided, uh, you'll be promoted to a presenter.
[29:46]
And provided uh your opportunity to deliver your comments at tonight's public hearing
[29:52]
within your allotted time.
[29:55]
Mr. Knoy Thank you, Miss Mary stole a lot of the thunder here, but this is an administrative
[30:01]
supplemental preparation that happens at the end of the fiscal year. Uh, it's primarily
[30:05]
driven by capital projects, expenditures or budget authority. Uh, most of our grant-funded
[30:12]
projects are escrowed over multiple years, so there's balances after any given years.
[30:16]
Um, so you need to carry them forward. So when we go to construction, the amount
[30:22]
of preparation is there. So it's really following. Multiple years of appropriation
[30:27]
until it matches the construction, uh, expenditures with it. Also, there are encumbrances
[30:33]
which are basically contractual obligations from any fiscal year that necessarily
[30:38]
aren't expended before the June 30th, the end of the fiscal year. So those are coming
[30:43]
over and then there are two supplemental appropriations rolled into this uh action
[30:49]
desired tonight. Uh, one was approved through resolution 2026-09-0006, uh,
[30:57]
presented in September, and then, uh, appropriation of 23,500 associated with a replacement
[31:04]
service water line for commercial user on South Church Street. Just a breakdown quickly
[31:10]
of what the 10 $10.47 million is, the far majority of it is tied to capital projects
[31:17]
at $9.2 million which is $7.2 million out of our general government capital projects
[31:23]
fund, and then just under $2 million in the utilities fund. Again, those are CIP
[31:28]
approved projects and funding. Um, secondly, encumbrances are just over a million
[31:34]
dollars or $1 million.01 million dollars, $26,000. Of that 752, just around
[31:41]
753,000 is in the capital projects fund as well. These are generally consulting,
[31:48]
design, contracted, um, uh, uh. Contracts associated with capital projects as well
[31:55]
as 2, 255,000 in utilities. So that, Ms. Mayor, I, I'm here to address any questions
[32:02]
you or the public might have about the, this item tonight.
[32:09]
I'm sorry, are there any questions of the staff presentation? OK As always I'll ask
[32:16]
when this comes up. Uh, it's been stated many times that we have, uh, rated our funds.
[32:21]
In fact, that we, according to some, we don't have the $5,702 in the utilities
[32:29]
availability fee reserve. The 40,952. Uh, I'm sorry, the, um,
[32:36]
that's in the utilities fund net position, the $35,250 in the availabilities fee
[32:42]
reserve, even though our latest financials state that we're somewhere in the neighborhood
[32:47]
of 76 $7 million in reserves, just making sure that that's still not the case, that
[32:53]
we haven't raided that, and that's now drained everything. Uh, so, the, the action
[33:00]
tonight, the supplement appropriation for next year, really is, uh, in the item,
[33:04]
it, it, it's associated with 193,000 for the network of uh improvements and the 23,0005
[33:12]
for the service water line. Everything. Else has been accounted for and or revenue
[33:16]
hasn't been realized. So, the 10,400,000 sounds like a lot carrying over, but a lot
[33:22]
of that is grant funded through our capital projects fund. So it's not sitting in
[33:26]
the reserves or anything to be expended. It's usually reimbursed at the time of expenditure.
[33:31]
To really the far majority of tonight's action is carrying over budget authority,
[33:36]
not necessarily use of any reserves if that, if you're tracking with me a minuscule
[33:42]
part of that is from, is from reserves, right? 220,000 of it would, would derive
[33:48]
from reserves. So if we had 0 in our reserves, which we never have, uh, we've had,
[33:53]
we have about 6 million. As of as of the latest, which is at least everything far
[33:58]
exceeds our financial policy requirements and, and it's noted in the item, the associated
[34:04]
ones with the town, the general funding assigned fund balance, and the 3R reserve
[34:08]
and utilities that are proposed to be used for this, right, never zero. Got it. Still,
[34:13]
I know I ask that every time we talk budgets and that's good to hear. Is there any
[34:20]
other questions regarding the Gotcha. All right. Uh, at this time, we will open up
[34:26]
the, uh, Public hearing?
[34:32]
Or
[34:41]
The supplemental appropriation for fiscal year 2027. Uh, at, before we, um, Madam
[34:48]
Clerk, again, if you are in Atlanta Zoom, please at this time. Press the raised hand
[34:53]
icon, you will be promoted to provide the opportunity to deliver your comments. Madam
[34:59]
Clark, is there anybody in the room or online that wishes to speak at tonight's public
[35:03]
hearing? There is no one signed up in the room or online. Is there anybody in the
[35:07]
room or online that wishes to speak at tonight's public hearing?
[35:12]
OK. Seeing and hearing none. Is there emotion To close Tonight's public hearing.
[35:22]
Mr. Mayor. Yes, sir. I move to close the public here. Related to the uh
[35:29]
Fiscal year 2027 supplemental appropriation. Is there a second? Second, motion has
[35:36]
been made by Council Member Smith, seconded by Vice Mayor Budner. Is there any discussion?
[35:42]
Hearing none, is there any objection? Hearing and seeing none, that motion will carry
[35:47]
unanimously with all 5 members present voting in the affirmative, none against, no
[35:51]
abstentions, no one absent, and 1 vacancy on council.
[35:57]
Moving on to, I'm sorry, in your packet, moving on to a draft motion. Or any
[36:05]
alternate if anybody is so moved.
[36:10]
Mr. Mayor, yes sir, I move to approve Resolution 2026-10-0001 to
[36:18]
amend the fiscal year 2026 budget and approve a supplemental appropriation totaling
[36:23]
$10,473,701.22 comprising of
[36:29]
$46,787.27. To the general fund, 9
[36:37]
$7,986,260.22 to the general government Capital
[36:45]
Projects Fund and $2,440,653.73 to the utilities fund for
[36:53]
fiscal year beginning July 1st, 2026 and ending June 30th, 2027. In order to reappropriate
[37:00]
previous year unused appropriations for capital projects, contractual encumbrances,
[37:07]
and new appropriations associated with partially grant-funded network improvements,
[37:12]
and the addition of enhanced surveillance security cameras at all town facilities
[37:17]
approved in Resolution 2026-09-0006. And replacement of a service water
[37:25]
line for a commercial user on South Church Street due to damage.
[37:32]
Is there a second? My 2nd motion has been made by Council Member Smith, seconded
[37:38]
by Council Member Arena. Is there any discussion? Um, Mr. Mayor, if I could, I, uh,
[37:44]
regret, uh, I found a typo error. It's fiscal year 2027 budget in the very first
[37:51]
part. I don't think the whole motion necessarily needs to be revised, but if, if
[37:56]
it pleases the council, it, it's a typo that's fiscal year 2027. It is later corrected,
[38:02]
you know, July 20, uh, July 1, 2026 to 2027, but the very beginning. My apologies.
[38:10]
No worries, that any, well, if the record will show that the um uh The motion
[38:18]
includes 2027 versus 2026. No objection. We'll move on to discussion. Hearing no
[38:25]
discussion because it's 1%. It will require 2/3 majority, which would be 44 or more
[38:33]
members of council. So we will do a roll call vote, Ms. Arena. Mr. Earl,
[38:40]
Mr. Stoll, Mr. Smith, and Mr. Budner. The motion will carry unanimously with all
[38:46]
5 members voting in the affirmative, no one against, no abstentions, no one absent,
[38:50]
and 1 vacancy on counsel. Very much.
[38:56]
Rolling right along to the new 8A Park Place Water Service connection replacement
[39:02]
approval.
[39:06]
Thank you, Ms. Mayor. This is a 2nd supplemental preparation being requested in order
[39:12]
to cover some unforeseen expenses that went along with the Park Place water main
[39:17]
replacement, uh, due to the age of the service lines and the, what they call the
[39:23]
center connection, uh, hardware within the centers. There was a cost incurred by
[39:28]
the town in order to replace all those. I did place some examples, uh, photos in
[39:33]
the item. To give some context to kind of the age and the, and the condition of,
[39:38]
of which it was. Uh, the interesting thing about this one is that the change order
[39:44]
was done in the field as needed in order to continue through the water main replacement,
[39:49]
so there was no formal approval of town, uh, staff, but the expenditure is definitely,
[39:55]
or the, the replacement is definitely a betterment to the system overall, and it
[39:59]
comes down to a cost of just under, or just over um $1350 per connection.
[40:07]
Which if done separately would have been much, much more. So, uh, while the cost
[40:13]
is 35,000 total, um, I believe there are 26 residents that all now have brand new
[40:18]
service lines, setters and everything to the meters. Uh, if we, we would have to
[40:23]
do this at some point in the future, it would have cost, um, some measure more than
[40:28]
the 35,000 being charged.
[40:36]
Are there any questions of the presentation?
[40:41]
Mr. Mayor, yes, um, thanks for sending the pictures. I mean that was pretty graphic
[40:46]
about, you know, how bad they were. My question, I guess, uh, uh, involves, um, do
[40:51]
we have other setters in other locations that we need to worry about given the poor
[40:58]
condition that those were, uh, uh, it's a fair question, and my guts telling me is
[41:05]
probably when, when you really kind of, when they get exposed is when you're actually
[41:09]
trying to work with them. When you're putting new service lines, putting new connection
[41:13]
points, they, they're brittle, right? So, as of now, the leaks come up and we replace
[41:19]
them in the field while, while we can. Um, but there's not a comprehensive plan or
[41:24]
anything, a program out there to have these systematically replaced. It's probably
[41:29]
a good idea. Uh, this infrastructure is from the late 1960s. So, uh,
[41:37]
what is that? That's 50 odd years, right? So, These, these are gonna be set, set
[41:43]
up for the next 50 years. There, there, a lot of the water lines and everything down
[41:48]
South Loudon as part of that project will be replaced and they, these are being accounted
[41:52]
for within that as well as sewer lines. So hopefully, it takes the majority of maybe
[41:56]
some of the remaining aged infrastructure out there, but it, it's not comprehensive.
[42:02]
There's probably other setters out there with similar Similar conditioned uh infrastructure.
[42:08]
There's no role, it's just so brittle that once you start taking out the meters and,
[42:14]
and disconnecting everything in there, you just can't put it back. So, until it poses
[42:19]
a problem with the, with the service line, there hasn't been an inspection or kind
[42:23]
of replacement program put in place. And in the past, if, if there's, it's a one-off,
[42:29]
and it's a leaking within the crock within that because it's not the line to the
[42:33]
house, that would be. Covered by the town correct in the center is is connected um.
[42:40]
You can see in the one picture that the meters right there in between it, so it's
[42:43]
really hard to, to separate it from the meter. Um, so yeah, if you have an issue
[42:48]
with it, you, you'll be, uh, replacing the whole hardware in there. Correct. OK.
[42:56]
Any other questions? OK, uh, sorry, Mr. Jason. So to clarify.
[43:05]
The best way to handle this is as we come across them, correct, uh, or if, if a problem
[43:09]
crops up or if we're, you know, doing road main uh like road infrastructure changes
[43:15]
like we're doing down, uh, Loudon and so on. You're saying that's the best way to
[43:21]
approach this, not to put together a systemic program to replace all the water mains
[43:27]
that haven't been replaced yet. I have the same concerns, uh, uh, a curiosity, if
[43:31]
anything, that we should probably be inspecting our, our infrastructure. We just
[43:35]
went through Broadway improvements and the condition within those, those centers
[43:40]
were, were better, um, but. I wouldn't, I don't want to answer and say it's the best
[43:46]
way. Systematic replacement, proactive replacement would obviously be the best way
[43:52]
and the economy of scales comes from uh having more of them done at one time in this
[43:57]
case, right? They can do, you know, 26 at a different rate than if you're doing one-offs,
[44:02]
right? Because of mobilization and everything else that goes with having a small
[44:06]
project, so. Uh, I think further inspection and kind of reporting back by my staff
[44:11]
may give me a better measure of kind of the scale of how many are in this condition,
[44:16]
but these were particularly bad. So I don't think these are necessarily reflective
[44:20]
of everything that's in the ground and Loudon will be well over 4, I think it's like
[44:25]
40 homes that are serviced by these may be addressed. So that's gonna leave kind
[44:30]
of like Penn, Pennsylvania Avenue, some of the older parts of town, Redbud and things
[44:35]
like that. So, you might get a smaller scale of what's left not being mitigated by
[44:41]
necessarily with our capital projects.
[44:45]
Any other questions, Mr. Mr. Earl? Thank you. Um, looking at these pictures here,
[44:52]
uh, if on Park Place, if you turn down Park Place, units 1 through 7 on the left
[44:58]
side were built in 73, 44 to 39 were built in 82
[45:06]
and then 38 up to 27 was built after that. The next set is when you go into that
[45:14]
private parking area, uh 8 through 26 that was built in 74.
[45:22]
But um what I was gonna add, but you already said that is all, all it would take
[45:28]
is an assessment whenever staff has time to uh lift the water crock up and take a
[45:36]
picture of Any of these components there, but Undisturbed, they could last quite
[45:44]
a while, but some, some as soon as somebody puts a wrench on them, they're done.
[45:48]
They just disintegrate like you said. That's all I wanted to add. Any other questions?
[45:56]
OK. In your packet there is a draft promotion if anybody is similar to offer that
[46:01]
of their own.
[46:06]
Mr. Mayor, yes sir. I move to approve resolution
[46:10]
2026-10-0003 to amend the fiscal year 2027 budget and approve a supplemental
[46:18]
appropriation of $35,189.70 for fiscal year beginning. July 1, 2026 and
[46:26]
ending June 30th, 2027, deriving from utilities fund 3R reserve for the replacement
[46:33]
of water meter center service connection hardware for 26 residents on Park Place
[46:38]
in conjunction with the replacement of the water main. Is there a second? The motion
[46:44]
is made by Vice Mayor Budner, seconded by Council member Stahl. Uh, is there any
[46:51]
discussion? Hearing and seeing none? Is there any objection? Uh, we'll go. This doesn't
[46:58]
require 2/3, but we'll go ahead and do a roll call vote since it's just fiscal, so
[47:02]
fiscal impact. Ms. Arena, Mr. Earl, Mr. Butler, Mr. Smith, and Mr. Stahl. That
[47:10]
motion will carry unanimously with all 5 members present voting in the affirmative,
[47:14]
no one against, no abstentions, no one absent, and 1 vacancy on counsel. Thank you
[47:18]
very much. Moving on to LVCU
[47:23]
2026-0001, the George Family Holdings LLC request for a
[47:31]
public hearing. Yes sir. Mr. Martha. Did I steal your thunder as well? No. Any questions
[47:38]
of the presentation?
[47:42]
Thank you.
[47:44]
It is a request for a uh conditional use permit to allow a package and parcel service
[47:50]
use business at One South Loudoun, which is the gray building adjacent to Rodeo's
[47:57]
Restaurant on, on South Loudoun. The application was heard by the planning commission
[48:01]
last night, and the planning commission has recommended approval subject to several
[48:06]
conditions of approval. Um, and because staff will be unavailable in December, we're
[48:12]
asking to go to public hearing on November 12th.
[48:20]
Did I say the recommended approval? Yes, OK.
[48:25]
Unanimous, unanimous recommendation. Unanimous recommendation. All right. Are there
[48:31]
any questions of the
[48:34]
Mr. Mayor, yes sir. Were there any, uh, unique, you said, uh, pending some, uh, conditional.
[48:40]
Now, the conditions of approval, uh, staff recommended applicant agreed to them,
[48:45]
hours of operation, uh, the location of the parking, um, limits on the size of the
[48:51]
packages, which is, is basically something they have set, as well as limits on the
[48:56]
size of the vehicles that will be delivering or picking up packages from the business,
[49:02]
those sorts of things. There was some discussion about Uh, tree replacement. There's
[49:07]
a huge tree on the property that the commission's very interested in preserving until
[49:12]
it can no longer be preserved and then replacing with another similar tree in the
[49:17]
future. The applicant agreed to that, and we had no public comment at the hearing.
[49:21]
I did leave that out. There was no public comment. Any other Uh, it, it is worth
[49:29]
mentioning when the application was put forward, there was a, uh, active employee
[49:32]
of the town of Levittsville who did provide a, uh, a COIA disclosure to the council,
[49:38]
um, since they did not have any, uh, direct interest, uh, but that is, you all should
[49:45]
have that as well. Um.
[49:50]
If there's no other questions, there is a draft motion. If anybody would like to
[49:54]
offer that or an alternative, Mr. Mayor, yes sir. I move to schedule a public hearing
[49:59]
for consideration of LVCU 2026-0001 at the November 12,
[50:07]
2026 regular town council meeting. Your second, my second. Uh, the motion has been
[50:14]
made by council member Stalo, seconded by council member Arena. It's great discussion.
[50:20]
Hearing none, is there any objection? Hearing and seeing none that motion will carry
[50:25]
unanimously with all 5 members present voting in the affirmative, none against, no
[50:30]
abstentions, no one absent, and 1 vacancy on council.
[50:36]
Thank you, sir.
[50:39]
Moving on. So I am #9. Uh, since we do have
[50:47]
a requirement to go into closed session with our town attorney. I
[50:54]
propose that we take a 39 minute recess and reconvene either up to 39 minutes uh
[51:02]
when the town attorney is present so that we, he's able to participate in closed
[51:07]
session.
[51:10]
Is there any objections? OK.
[51:14]
Are you saying to take a recess and wait for him, or that's correct, just move this
[51:19]
until he comes and move on with the rest of the items, uh. If someone wants to suspend
[51:26]
and move on, we can. Uh, however, the only other thing That's on tonight's agenda
[51:34]
are comments and disclosures from the mayor and town council. All, all other items
[51:39]
are informational or upcoming.
[51:45]
We thought it wouldn't be this quick either, so.
[51:52]
We can suspend the rules and talk about the uh stall arena tour if that's no didn't
[51:58]
want. OK, all right, so if there is you that is not a stated objection correct? OK,
[52:06]
so it's gonna be now 38 minutes. Uh, it'll be 88 p.m. or we will reconvene if he
[52:13]
does arrive earlier. So at, at 7:22 we are on recess.
[52:39]
And I fully expect him to be uh posting on social media by
[52:45]
Great, all set. All right.
[52:50]
The time is 7:43, uh, as promised, we're 17 minutes ahead of schedule. Uh, we do
[52:56]
have our county attorney, Mr. Rob Sproll. Thank you for coming here this evening.
[53:01]
Um, we will move on to item nine, the closed session. There is a motion in your packet
[53:08]
if anybody is so moved to offer that or an alternative. Mr. Bobner. Mr. Mayor, um,
[53:15]
in accordance with Virginia Code Section 2.2-3711A, subsections 17, and
[53:22]
8, I move to convene in closed session for one, discussion, consideration, or interviews
[53:28]
of prospective candidates for employment, assignment, appointment, promotion, performance,
[53:33]
the motion, salaries, disciplining, or resignation of a specific public officers.
[53:39]
Appointees or employees of any public body relating to the annual evaluation of the
[53:43]
town manager, as well as discussion on the potential appointment, reappoint, and
[53:48]
or contracts of one or more former town office, uh, one or more current or former
[53:55]
town officers. Number 7, consultation with legal counsel pertaining to actual or
[54:01]
probable litigation where such consultation or briefing in an open meeting would
[54:05]
adversely affect the negotiation or litigating posture of the public body relating
[54:10]
to the enforcement of town code related to utilities and renewal of franchise. Agreement
[54:16]
and 8 consultation with legal counsel employed or retained by a public body regarding
[54:21]
specific legal matters requiring the provision of legal advice by such counsel related
[54:26]
to potential appointment, reappointment, and or contracts of one or more current
[54:32]
or former. Town officers. Nothing in this subdivision shall be construed to permit
[54:38]
the closure of a meeting merely because an attorney representing the public body
[54:42]
is in attendance or is consulted on a matter.
[54:47]
The motion was made by Vice Mayor Budner, seconded by Council Member Smith. Is there
[54:50]
any discussion? Wearing none. Is there any objection to go into closed session? Hearing
[54:58]
in Signon, uh, That motion will carry unanimously with all 5 members voting in the
[55:04]
affirmative, no one against, no abstentions, no one absent, and 1 vacancy on council,
[55:09]
and at 7:46 p.m. we are in closed session.
[55:15]
We will be heading next door.
[55:25]
Wow. Wait all that time just to wave everybody goodbye.
[55:34]
Yeah
[55:38]
Appreciate it, sir.
[55:42]
The time is 9:41. We're back in open session. At this time, I will ask each and each
[55:48]
and every one of you, do you certify to the best of your knowledge that one, only
[55:52]
public business matters lawfully exempted from open meeting requirements under this
[55:56]
chapter, and 2, only such business matters as were identified in the motion by which
[56:00]
the closed meeting was convened were heard, discussed, or considered in the meeting
[56:07]
of the Lovitt Hilltown Council. Mr. Stahl, do you so I do so certify. Mr. Smith,
[56:12]
do you so certify? I do. Mr. Budner, do you so certify? I do so certify. Mr. Earl,
[56:17]
do you so certify? I do so certify. And Ms. Arena, do you so certify? I do so certify.
[56:22]
Let the record show I certify as well. Is there any action or motions coming from
[56:28]
out of tonight's closed session meeting?
[56:31]
All right. Hearing and seeing none. The time is 9:42. Uh, so according to the town
[56:36]
council rules of procedures, in order to take up any additional matters, we would
[56:41]
have to suspend the rules in order to take them up. If anybody is so moved. Mr. Mayor.
[56:46]
Yes, sir. I move to suspend the rules to complete the agenda items. Is there a 2nd?
[56:52]
A 2nd. A motion been made by Vice Mayor Budner, seconded by Council Member Marina.
[56:57]
Is there any discussion? Hearing none, is there any, it does require 2/3 majority
[57:03]
or 4 members. Is there any objection?
[57:07]
It's true. All right. Seeing and hearing none, that motion will carry unanimously
[57:12]
with all 5 members present voting in the affirmative, none against, no abstentions,
[57:17]
none absent, and 1 vacancy on council. Moving on to number 10, informational items.
[57:22]
We do have 3 items for your, uh, review. Um, one of those is the preliminary 2027
[57:29]
General Assembly legislative agenda. Uh, Mr. Knori, I know we did talk about adding
[57:33]
some of the language for, uh, the data center and power lines, uh, to, to that legislative
[57:39]
agenda. Um, but if there are other items that you wish to, uh, to include, um, please
[57:46]
let us know as we will. Uh, consider that, I believe, in our next meeting. And then
[57:51]
we have the rules of procedure and the standards of conduct and ethics, uh, as informational
[57:57]
upcoming items. Moving on to upcoming meetings and agendas, we do have the preliminary
[58:02]
agenda, uh, as far out as the eye can see. There's additional items that you wanted,
[58:06]
wanted to include, uh, please let us know. Um, I will state.
[58:15]
Uh, if it could be noted that there will be a closed session in our next. Meeting
[58:20]
as well, but we will get you that language. At this time, If there's no other
[58:27]
items, we will move to upcoming town council, I'm sorry, uh, comments and disclosures
[58:32]
from the mayor and town council. There is one matter, again, it was referred to earlier,
[58:37]
uh, this, uh, this evening. Uh, there was a, uh, ethics complaint lodged against
[58:43]
me, um, and, uh, I will go ahead and recuse myself, but before I do, I will reiterate.
[58:51]
That according to section 2.2-3705.1, uh, item number
[58:59]
one, personnel information concerning identifiable individuals except that
[59:07]
access shall not be denied to a person who is subject thereof. Effectively, this
[59:12]
was the requirement to redact anything. There is not a requirement, I will note,
[59:18]
there's nothing in the requirement for state code that says any person from the public
[59:23]
making that the only redaction that comes in is the subject thereof. That any person
[59:29]
who is subject to such information and who is 18 years of age or older may waive
[59:34]
in writing the protections afforded by the subdivision. If the protections are so
[59:39]
waived, such information shall be disclosed. I'm requesting, as part of, as part
[59:45]
of my role, I've already provided written notification that I have made that waiver,
[59:50]
and I would expect any and all information to be disclosed. It was also indicated
[59:55]
that more than 350 pages, many in 2018, uh, were redacted when state law indicated
[1:00:03]
that there should have been no redaction. I'm also requesting that those 350 pages
[1:00:08]
be made publicly available as soon as possible because the public, it's been requested
[1:00:14]
again about a half a dozen times at this point in time. Uh, the public in terms of
[1:00:20]
transparency, uh, should see. All of that unredacted, uh, as has been requested and
[1:00:26]
provided in the past. So, with that, I will turn the floor over to uh Mr.
[1:00:33]
Budner to be the first part of this. I will make an exit to the right. Once that
[1:00:38]
is disposed of, please knock on the door. I will come back in and we will continue
[1:00:42]
with the comments.
[1:00:55]
OK, thank you. Um,
[1:00:59]
I have uh some background that I wanna uh go through and, and then uh read a statement.
[1:01:05]
Um, the background is there were 2 elected or appointed town officials that participated
[1:01:11]
in sponsorships for the Oktoberfest event. An individual filed an ethics complaint
[1:01:16]
against one of these town officials. The complaint was reviewed by the town manager
[1:01:21]
to determine if any illegal or unethical activity under Virginia or federal law occurred
[1:01:27]
and if it violated the town's standards of conduct and ethics or the town's event
[1:01:33]
guidance document and social media policy. The findings are as follows. The town
[1:01:39]
of Lovittsville has completed its review of the ethics complaint submitted on September
[1:01:44]
27, 2026 by Mr. Frank McDonough against Mayor Christopher Hornbaker concerning a
[1:01:50]
sponsorship post published on an official town social media asset. As part of this
[1:01:57]
review, the town examined the matter under the town's social media policy, the standards
[1:02:01]
of conduct and ethics, and applicable provisions of Virginia law. Based on this review,
[1:02:07]
the town has determined that Mayor Hornbaker committed no legal or ethics violations.
[1:02:12]
The sponsorship opportunity follows an established precedent, was available to all
[1:02:17]
candidates, and no evidence indicated discriminatory access, improper use of town
[1:02:23]
resources, or violations of state election law. However, it was determined that the
[1:02:29]
town's social media policy is not fully aligned with the current acceptable practice
[1:02:34]
surrounding event sponsorships as outlined in the events guidance document. To ensure
[1:02:40]
clarity and consistency going forward, the town council will review the existing
[1:02:45]
events guidance document and the social media policy and at a future date and consider
[1:02:52]
updates to address the discrepancies between them.
[1:02:57]
Any questions? OK. OK, um, and seeing that, uh, this is that
[1:03:05]
the mayor, excuse me, that the mayor's recused himself, um, from this, is there any
[1:03:11]
comments or anything that you wanna make before we bring him back in?
[1:03:18]
Not at this time. OK. Thank you.
[1:03:39]
Thank you very much, Mr. Bunner.
[1:03:43]
At this time, I will start with uh council member Rena. Uh, for your comments. I
[1:03:50]
would just like to say that Uh, Oktoberfest, uh, was very much enjoyed by my family
[1:03:56]
and by several others that I talked to in the community, and I just wanna say thank
[1:04:00]
you so much to, um, all the volunteers, any of the, I know I'm gonna forget names,
[1:04:06]
so I'm just gonna say all the volunteers, all the civic organizations, um, businesses
[1:04:11]
that came out, and obviously our wonderful community for coming out and really enjoying,
[1:04:15]
uh, the event and putting on a great one at that, at least my own opinion. Um, but
[1:04:21]
I'm hoping that moving forward we can just continue to make it a great event, and,
[1:04:27]
um, yeah, I look forward to, uh, seeing that happen in the future. And that's it
[1:04:33]
for now. Thank you. Thank you, Mr. Earl.
[1:04:37]
Yes, um, I'd like to echo a lot of the same what Councilwoman, uh, Maria just stated,
[1:04:45]
um. It was very successful all the way around businesses and the community just loved
[1:04:52]
it, um. I'd like to thank everybody behind the dais who, who helped and volunteered
[1:04:58]
with everything, all the committees, the civic organizations, um, in particular,
[1:05:05]
Sarah Moseley, she did a hell of a job putting all that together, following through
[1:05:10]
with it. Um.
[1:05:14]
And staff Not just Sarah, but the rest of the staff too. They put a whole lot of
[1:05:19]
work into it as well. So I got, thank you. Thank you, sir. Mr. Stahl. Now, I'm
[1:05:27]
gonna be um carbon copy of what you just heard. Uh, I feel that uh Oktoberfest was
[1:05:33]
a very big success this year. Um, I heard nothing but good, uh, compliments. There's
[1:05:41]
only one complaint that I personally heard, and that was from my eight year old granddaughter,
[1:05:45]
who didn't feel like there was enough for her to do because she wanted the pie eating
[1:05:49]
contest again. And, uh, so she complained to me about that. Um, and I wanna thank
[1:05:57]
the volunteers, Sarah, the staff, and everybody up here that also did the work as
[1:06:03]
well.
[1:06:06]
The Stewart Staal strudel eating contest sounds like a uh possibility in the future.
[1:06:12]
Mr. Smith, uh, thank you, Mr. Mayor. I'll, I'll just echo the comments here. I thought
[1:06:16]
the Oktoberfest, uh, went really well. Um, I know there's a lot of, of folks in our
[1:06:23]
town who sit on different sides of the fence with regards to, um, how, how our events
[1:06:29]
should look, um, and what the purpose of our events should be. Are they to generate
[1:06:35]
revenue? Are they to bring our community together? Are they to showcase the town?
[1:06:39]
Um, there's been in the past a lot of discrepancy over bigger is better, or um,
[1:06:48]
This is for our community and for our area, and it's not for, you know, it's not
[1:06:53]
an attraction to bring people from 150 miles away or or further or whatnot and and
[1:07:00]
that has sort of manifested itself in unfortunately a lot of folks in our community
[1:07:06]
who I don't wanna say they're they're wishing it. The Oktoberfest would fail, but
[1:07:12]
they're wishing that um some of the folks who help organize and plan and run the
[1:07:16]
Oktoberfest would fail. And that's, that's an unfortunate circumstance of Of whatever,
[1:07:23]
whatever's driving it. But this year's went well. I think it was a template that
[1:07:27]
we should continue going forward because I think it's been proven. I think there
[1:07:31]
are minor tweaks and things like that that we'll discuss going forward that we can
[1:07:37]
make to, to improve it even more. Um, but thank you. From my heart, from my family,
[1:07:43]
to the staff, uh, for everything you did, not just for Oktoberfest because you hit
[1:07:48]
it out of the park, but for we're in October now, so all year long what you have
[1:07:53]
done with regards to the events and, and the ceremonies and all of that, and our
[1:07:59]
job as a council is to come up with a, a plan going forward that's sustainable and
[1:08:04]
that will work and that will continue the successes that you all achieved this year,
[1:08:09]
um. As the chair of the infrastructure Committee, I'd just like to also remind everybody
[1:08:14]
that on October 13th, we'll have our next infrastructure Committee meeting. So I
[1:08:19]
hope you'll be able to come out and that is all I have to say. Thank you. Thank you
[1:08:24]
very much. Uh, Mr. Budner will give you the opportunity to actually make your comments.
[1:08:31]
Um, yeah, I just wanna echo what everybody has said, uh, so far, the Oktoberfest,
[1:08:36]
uh, in my mind, well, a couple of things. Number one, I'm sorry that Sarah left.
[1:08:39]
Uh, I think Sarah, uh, deserves a very big thank you for, for her part in this. I
[1:08:46]
know it was a team effort. I, and I echo the fact that everybody on staff and everybody
[1:08:51]
on the dais here, uh, you know, kicked in and, and did, did work, um, toward making
[1:08:56]
that a success. I also wanna say I, I, I think um we got feedback and that's why
[1:09:02]
I was asking the question before about, um, you know, the, the formal feedback, um,
[1:09:07]
but we got some informal feedback from the businesses, uh, that, that night and the
[1:09:13]
following day and, uh, everybody was ecstatic. So I think our, our mission
[1:09:21]
and our goal this year was to Make the businesses thrive and push more business and
[1:09:28]
push more people to the businesses, get out of the beer business and push that, uh,
[1:09:32]
business to everyone, and, um, I, I personally think we couldn't, uh, uh, there you
[1:09:38]
can always improve, right? We, we, there are things that we know that, you know,
[1:09:43]
we need more of this or something, you know, and we will address that, but I think
[1:09:48]
it was a very big success, and I just thank everybody for their participation in
[1:09:53]
making that a success. And the businesses were coming forward to Uh, provide their
[1:09:59]
input so that we could take action, uh, as we did, and, and I agree, I think this
[1:10:03]
model we should use this footprint and this model going forward we should do some
[1:10:08]
tweaks and improve, you know, maybe some of the longer lines, um, but it, it was
[1:10:13]
just great so thank thanks to all for that. Um, also wanna thank John for, for the
[1:10:18]
survey. I don't know if anybody saw it yet, but, um, John and the planning commission,
[1:10:23]
I mean, they did a nice job on that, and, and, uh, I think that'll be, uh, interesting
[1:10:28]
to see, uh, a lot of input that, uh, came out just recently, so. Um, and again for,
[1:10:36]
uh, to echo Councilman Smith's, um, comments, I think, um, really appreciate all
[1:10:43]
the town staff has done to get us this far in the year, uh, and we will be addressing
[1:10:48]
events, uh, as, as we look to 2027, but, um, it was just a bang up job on, on that
[1:10:55]
this year. So thank you. Thank you very much. Uh, I will also, uh, extend a, a very
[1:11:02]
heartfelt thank you to Sarah Moseley and members of staff, our volunteers, our businesses,
[1:11:09]
uh, and the citizens for coming out, uh, for the 30th Levittsville Oktoberfest. Uh,
[1:11:16]
in less than 10 years, we've gone from, um, Accusations from appointed officials
[1:11:23]
that vice mayors were uh misappropriating ABC funds, uh, to, uh, and other concerns,
[1:11:31]
uh, that come and risks that come with, with serving beer to really putting our businesses,
[1:11:38]
our people first, still making it possible, and there were, uh, dozens of people
[1:11:44]
who came forward, and it's always, you know, people state that there were always
[1:11:48]
hundreds of people before. Now, In 2018, there were 200 people. In 2023, there were,
[1:11:54]
there were 200 people. Uh, now, we do, we can focus on what we do well and turn over
[1:12:02]
to the actual businesses when in a smaller, a, a smaller number of hours.
[1:12:10]
Any business that has reported that was part of at least one Oktoberfest saw record
[1:12:16]
sales. New businesses saw some of the biggest sales in their first week.
[1:12:24]
Um, it truly is the vision that I think we all had of what if we actually made it
[1:12:31]
a showcase. Um, had, uh, we gotta get, gotta do something with the rain, um, but,
[1:12:37]
uh, you know, we're, I, I am excited to see, you know, with Al Patayo back. Next
[1:12:44]
year, um, hopefully with the, uh, game club back with their, uh, uh, with their someone
[1:12:51]
said one or two more beer gardens, well, there's one or two more beer gardens, um,
[1:12:55]
and some additional German flair in terms of cuisine. I think this may be. That balance
[1:13:01]
that we were looking for. Uh, I wanna congratulate Ben and Jamie Hogan for their
[1:13:06]
reign as Oktoberfest king and queen. You're gonna see them throughout, uh, the year
[1:13:10]
as, uh, they, uh, do their king and queen, uh, their royalty duties in
[1:13:17]
206 and 27. I wanna also, uh, congratulate, uh, Squid Blake, uh, Blakey, uh, for
[1:13:24]
successfully defending his Kaiser Cup championship. Uh, that was, uh, very well attended.
[1:13:29]
We had Um, more than we had a record setting 37 dogs, just to give you some facts.
[1:13:36]
We had 79 total competitors, um, about 80% were from, uh,
[1:13:44]
from in-state with 60%, roughly 60% being in Louden. Uh, the other 20% was outside,
[1:13:51]
uh, about almost 18% were out of state, and for the first time, I believe, ever,
[1:13:57]
we actually had a contestant from Munich, Germany. So, um, that was great. Um, we
[1:14:05]
nearly, um, 70% of the, the contestants' dogs were outside the Levittsville zip code.
[1:14:12]
And we also outside of Munich, we saw contestants from Fairplay, Colorado, and in
[1:14:17]
well, New York, and then, um, in-state, they were as far from Withville and Richmond.
[1:14:24]
Uh, want to, like I said, look forward to working together, uh, uh, improving on,
[1:14:31]
you know, some of, some of those opportunities to improve, but, uh, look forward
[1:14:36]
to working, uh, and looking forward to next year's fest, September 24th and 25th.
[1:14:42]
Also this past weekend, uh, Saturday, October 3rd, uh, I wanna thank Nicole Clark,
[1:14:47]
the founder and CEO of Walk for Mountains, for another great, uh, fundraiser for,
[1:14:52]
uh, the fight against breast cancer. Um, benefiting the Loud and Breast Health Network
[1:14:58]
Stepsisters and Our Perfect Warrior. This is her 9th year doing that, um, and she
[1:15:04]
was, uh, she was a great addition. I wasn't even on council, uh, back when she started
[1:15:09]
partnering with the town, and I looked for that to, to, uh, continue for years to
[1:15:13]
come. Uh, this past Sunday, uh, I did attend the memorial service for John Fugue,
[1:15:20]
uh, on John Fugue Day in the town of Levitsville. Um, there were some very interesting
[1:15:25]
memories that were shared by his wife, uh, some friends, uh. Such as, uh, being frugal
[1:15:33]
on a hot day, not to use his golf credit to, uh, buy a pair of shorts, so he just
[1:15:39]
took off his pants and played, uh, played golf in, in the, uh, in, in his boxers.
[1:15:45]
So, I took some liberties on the, uh, the, therefore be proclaimed to uh also include
[1:15:51]
those, but it was, uh, it was a great day. We did, uh, we did, um, celebrate his
[1:15:57]
life. And uh I wanna thank him for everything he's done, and uh we're still thinking
[1:16:02]
of the family. Uh, finally, um, tomorrow we will be meeting, uh, the town of Lovittsville
[1:16:10]
representatives will be meeting, uh, with county representatives and the Valley North,
[1:16:15]
uh, project team for the next round, the phase 3 of, uh, the tech to tech meetings,
[1:16:22]
um, in preparation for the Valley Link updated study segment and map, uh, that will
[1:16:29]
be, um, shared with the dates for the open houses. For the Valley North project,
[1:16:36]
uh, which would go on, go out on or about, uh, October 13th. It will also be mailed
[1:16:42]
to landowners on that same date. Um, you can see the updated maps starting on the
[1:16:47]
13th at www.dltransmission.com. Uh, this would also be part of the Valley
[1:16:54]
Link, uh, in preparation for the final phase. So phase 4 is the next round of open
[1:17:00]
houses and feedback. The fifth phase, which has not initiated, so there's nothing
[1:17:06]
to do. We're not reacting to something that we can't start yet, but the final
[1:17:14]
phase would be the SEC hearings in late spring early summer 2027
[1:17:22]
as they submit their application to the SEC, which includes public input, and there
[1:17:29]
will be Um, just as we have been specifically, uh, Included in
[1:17:36]
the, uh, the county. I know that Colt has also been included. We as the town, um,
[1:17:44]
should be, will be considering our options and making sure that we, uh, participate
[1:17:49]
to the fullest extent when that actual phase opens up. But, uh, I
[1:17:57]
think with that, I think we're all Uh, we will still carry the message that in its
[1:18:02]
current proposal, uh, it is not. Uh, we do oppose it and are looking for, uh, alternative
[1:18:09]
solutions, um, and look forward to working with all stakeholders to meet that objective.
[1:18:14]
So, if there's, I don't have any, uh, I will say that the, uh, open house for the,
[1:18:20]
um, Lovittsville Fire and Rescue is going to be next Saturday, the 17th, uh, I believe
[1:18:27]
from 12 to 4. So, um, that is all I had. If there's no other order for the good of
[1:18:33]
the council, uh, if there is one item left. Mr. Mayor, yes sir, move to adjourn.
[1:18:40]
Is there a second? My second. Motion has been made by Vice Mayor Budner, seconded
[1:18:44]
by Council Member Arena. Any discussion? Hearing 9. Any objection? Hearing and seeing
[1:18:50]
none, that motion will carry unanimously with all 5 members present to vote voting
[1:18:53]
in the affirmative. None against, no abstentions, no absences, and 1 vacancy on council
[1:18:58]
at 10:04 p.m. We are adjourned.