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HomeMy Public PortalAbout2019_tcmin0910COUNCIL MEETING September 10, 2019 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Ron Campbell, Thomas Dunn (arrived at 7:30 pm), Suzanne Fox, Vice Mayor Marty Martinez, Neil Steinberg and Mayor Kelly Burk. Council Members Absent: Josh Thiel. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Director of Public Works and Capital Projects Renee LaFollette, Director of Planning and Zoning Susan Berry Hill, Director of Utilities Amy Wyks, Director of Economic Development Russell Seymour, Deputy Director of Utilities Patrick Moore, Zoning Administrator Michael Watkins, Land Acquisition Manager Keith Wilson, Management and Budget Officer Jason Cournoyer, and Executive Associate Corina Alvarez. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Campbell. 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. ROLL CALL Council Member Dunn arrived at 7:30 p.m. Council Member Thiel absent. 5. MINUTES a. Work Session Meeting Minutes of August 12, 2019 MOTION 2019-156 On a motion by Council Member Fox, seconded by Council Member Steinberg, the minutes of the Work Session of August 12, 2019, were approved by a vote of 5-0-2 (Dunn and Thiel absent). b. Regular Session Meeting Minutes of August 13, 2019 MOTION2019-157 On a motion by Council Member Steinberg, seconded by Council Member Fox, the minutes of the Regular Session of August 13, 2019, were approved by a vote of 5-0-2 (Dunn and Thiel absent). 6. ADOPTING THE MEETING AGENDA On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting agenda was moved for approval. 1 I Page COUNCIL MEETING September 10, 2019 Council Comment: Council Member Campbell requested the meeting agenda be amended to allow for the addition of a discussion item to Unfinished Business for follow up to the sub- committee meeting with the NAACP. MOTION2019-158 On a motion by Council Member Campbell, seconded by Council Member Fox, the following was proposed: To add under Unfinished Business an item for discussion regarding follow-up from the sub- committee meeting with the NAACP. Council Comment: Council Member Campbell noted that Council took action on July 23 to have a meeting and send two representatives to a requested meeting with the Loudoun County NAACP. He added that the meeting took place on August 12 and on August 13 during Council Member Steinberg's comments, Mr. Steinberg provided a summary. Mr. Campbell said he believed it was an inappropriate place to have a discussion about a corporate action of the Council. Mr. Campbell added that by making the comments during Council Comments, it did not allow for discussion by other Council Members and identify the next steps, if any. He said that subsequent to the meeting there have been various electronic communications and some misrepresentations as to what Council desires. Mr. Campbell said he believes it is important to have the follow-up conversation in the proper context and then talk about the next steps collectively as a Council. He added that there was no sub -committee created. He said that two Council Members were appointed to go to one meeting one time and he believes that they need to add this under Unfinished Business for further discussion. The motion was approved by the following vote: Aye: Campbell, Fox, Steinberg Nay: Vice Mayor Martinez Vote: 3-1-2-1 (Dunn and Thiel absent. Mayor Burk abstain) The original motion to approve the meeting agenda as amended was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg Nay: None Vote: 4-0-2-1 (Dunn and Thiel absent, Mayor Burk abstain) 7. CERTIFICATES OF RECOGNITION a. Certificates of Recognition: None. 2 I Page COUNCIL MEETING September 10, 2019 8. PROCLAMATIONS a. Proclamation: World Suicide Prevention Mr. Trevor Bernard, Public Policy Chair on the Board of Directors for the National Capital Area for the American Foundation for Suicide Prevention, accepted the proclamation and made a few remarks. b. Proclamation: Hispanic Heritage Month Mr. Huber Fuentes, Del Rio Restaurant Owner, accepted the proclamation and made a few remarks. c. Proclamation: Constitution Week Ms. Nancy Spannaus with the Ketoctin Chapter of the Daughters of the American Revolution accepted the proclamation and made a few remarks. d. Proclamation: Childhood Cancer Awareness Month Ms. Roya Giordano, with the Team Mathias Foundation, accepted the proclamation and made a few remarks. e. Proclamation: National Payroll Week Ms. Carrie Louise Hovell was unable to attend to accept the proclamation. Mayor Burk noted that this proclamation will be mailed to her. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioners section was opened at 7:23 p.m. Terry Titus. Spoke to Council on several subjects. The first is the changing of the street signs at the intersection of East Market Street and Catoctin Circle. He is concerned that with the removal of the signs that driver speeds have increased and he shared his safety concerns. He requested that Council reinstall the signs. Mr. Titus also commented on the amount of development occurring in Town. He gave some examples of his concerns with multi -family units. Roger Zurn. Spoke to Council as a new Leesburg resident. He shared his comments regarding the noise ordinance that prohibits amplified music past 8:00 p.m. He noted that the regulation seems antiquated and shared his desire that have the music extend past 8:00 p.m. on the weekends. Mr. Zurn noted that many communities struggle with instilling and keeping downtown vibrancy. He added that the last two past First Friday's were spectacular and noted that he has heard comments regarding how Leesburg has become cool again. That should be part of Leesburg's desire to get that vibe back and getting people to want to come to Leesburg, spend money and become 3 I Page COUNCIL MEETING September 10, 2019 part of the Leesburg culture. He requested Council to review the Ordinance and change it to be later than 8:00 p.m. Jill Weiss, 321 Whitney Place, Leesburg. Spoke to Council in support of extending amplified noise past 8:00 p.m. She agreed with Mr. Zurn's comments. She said that in living in Leesburg for more than 20 years, she has never seen the downtown so vibrant and noted she looks forward to spending time in Leesburg on the weekends. She added that for so many years she's been hearing about the revitalization in the downtown and that it is finally happening. She added that it would be a shame to stop the forward movement by keeping the Ordinance at 8:00 p.m. Ms. Weiss requested that Council take a look at the noise ordinance in its entirety because it is inconsistent. She said that some of the provisions are arbitrary noting that while amplified sound is limited to 8:00 p.m., the following examples are allowed until 10 p.m. every night of the week: fireworks and explosives, loud equipment like chain saws and jackhammering, excavations and demolitions. She said that is inconsistent to not allow live music to play until 10:00 p.m. also. She added that amplified sound systems from the schools used in the football stadiums are much louder than are used by musicians. Ms. Weiss said she was not suggesting that these uses be limited but rather change the law to make amplified music consistent with the rest of the Town. She said the current Ordinance is illogical, arbitrary and unfairly punitive to business owners and musicians. She would like to see it consistent across the board at 10:00 p.m. for everyone. Ms. Weiss also inquired about how the 8:00 p.m. time was selected in the first place. She shared her research with Council. Steve Skemp. Spoke to Council as the Entertainment and Marketing Director at MacDowell Brew Kitchen in Leesburg in regard to the Noise Ordinance. He noted that Leesburg has changed since the Noise Ordinance was last addressed. He believed that it needs to be changed to support the emerging downtown business district that appeals to residents and businesses alike. Mr. Skemp noted that there is a large demand for this type of entertainment in the downtown and noted two recent successful events where bands played later than 8:00 p.m. One was First Friday where bands went until 9:00 p.m. and the Taste event where bands played until 10:00 p.m. He noted that other areas in the County that do not have the same restrictions such as One Loudoun, Loudoun Station, and other destination breweries in the County where the restriction is 11:00 p.m. He added that Herndon and Frederick are 10:00 p.m. He said in the summer heat, a lot of people don't come out until 7:00 or 8:00 p.m. when it is cooler. Mr. Skemp said that there are quality of life issues of nearby residents and will leave that to Council to find the correct balance. He added that the new developments being built are demanding top dollar because of their proximity to a nightlife district. Mr. Skemp asked Council to support the vibrant business community in downtown Leesburg. Tim Rumfelt. Spoke to Council about the Noise Ordinance in Leesburg. He thanked Council for the work that they do. Mr. Rumfelt said he has been a chef in Town for over 30 years, a professional musician in Town for more than 30 years, and a resident of the historic downtown for over 30 years. He noted that he lives within 75 feet of Delirium and the Leesburg Colonial Inn. As a musician and a resident downtown he said he understands the need for music in the restaurant industry. He asked everyone to keep in mind that it is not just the time, it is also the decibels. Mr. Rumfelt said that sometimes there's amplified music well past 8:00 p.m. until 10:00 — 4 I Page COUNCIL MEETING September 10, 2019 11:00 p.m. If it is a problem, he knows how to get in touch with the managers of the restaurant and would encourage those that have issues with an offending restaurant to try to call the restaurant instead of calling the police. Mr. Rumfelt said Council can help restaurants by giving them decibel criteria within certain distances. He concluded by saying that it is up to the business owners to monitor and maintain the noise coming from their establishments to minimize the complaints. Linda Ifert, 205 Royal Street. Spoke to Council regarding the Noise Ordinance and noted that she lives right next door to MacDowell's Brew Kitchen. She says she enjoys the establishment and loves the music they get but also enjoys having time at her house being there and not being overrun by loud music. She said she enjoys the owner and respects him and enjoys being a customer. She said she could support an hour longer on the weekdays and maybe two more hours on the weekends to 10:00 p.m. but added concerns about the decibel level and who will be monitoring. Ms. Ifert said finding a balance between businesses and residents is key and finding the right amplifying equipment. Alex Schoof, S. King Street. Spoke to Council regarding the noise from downtown on the weekends. He asked Council to consider with the development that is going on in the downtown as trees and buildings come down that new paths for sounds emanating from businesses are created. He noted that they never really heard the noise from MacDowell's Brew Kitchen until construction started on King Street Station. He asked Council to consider as it develops the downtown further that the character and the nature is going to change beyond the aesthetics due to traffic and sound perspectives and all of these things are going to compound on top of each other. Mr. Schoof asked Council as it does measures like amending or not amending the noise ordinance or zoning and reissuing permits, that it takes into consideration the cumulative effects of all of the development. The Petitioners section was closed at 7:51 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Dunn requested the following items be moved to the Consent Agenda: 13.d. — Initiating Amendments to Council's Ethics Policy; 13.e. — Initiating Amendments to the Town Code Extending Sound Amplifying Equipment Registration Past 8:00 p.m.; and 13.f. — Initiating Amendments to the Town Code to Expand the Golf Cart Service Area. There were no objections from Council to add these items to the Consent Agenda. MOTION 2019-159 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following consent agenda was proposed with the addition of the following items 13. d. — Initiating Amendments to Council's Ethics Policy (now item 12. i.); 13.e. — Initiating Amendments to the Town Code Extending Sound Amplifying Equipment Registration Past 8:00 p. m. (now item 12. j.); and 13.f — Initiating Amendments to the Town Code to Expand the Golf Cart Service Area (now item 12.k.): 5 I Page COUNCIL MEETING September 10, 2019 a. Battlefield Parkway — Route 15 to Dulles Greenway — Tree Installation Contract RESOLUTION2019-123 Awarding the Construction Contract for the Battlefield Parkway - Route 15 to Dulles Greenway Tree Installation Project to KT Enterprises, Inc. in the Amount of $243,490 b. License Agreement between Town of Leesburg and NOVEC Solutions, Inc. for Loudoun County Facilities Connection RESOLUTION 2019-124 Authorizing the Town Manager to Execute a License Agreement between the Town of Leesburg and NOVEC Solutions, Inc. for Telecommunications Facilities in the Town's Right-ofWay for Loudoun County Facilities Connection c. License Agreement between Town of Leesburg and NOVEC Solutions, Inc. for Leesburg Executive Airport Remote Tower Center Operation RESOLUTION2019-125 Authorizing the Town Manager to Execute a License Agreement between the Town of Leesburg and NOVEC Solutions, Inc. for Telecommunications Facilities in the Town's Right -of -Way for the Leesburg Executive Airport Center Operation d. Supplemental Appropriation from the Virginia Department of Transportation Fiscal Years 2019 and 2020 Revenue Sharing Program for Street Resurfacing RESOLUTION2019-126 Authorizing a Supplemental Appropriation in the Amount of $1,000,000 from the Virginia Department of Transportation Revenue Sharing Program for Street Resurfacing e. Northern Virginia Transportation Authority Funding Request RESOLUTION 2019-127 Authorizing the Town Manager to Execute an Application for Fiscal Year 2024 Northern Virginia Transportation Authority Regional Funds for the Route 15 Bypass/Edwards Ferry Road Project f Dulles Greenway and Route 7/15 Bypass Tri-Party Agreement RESOLUTION2019-128 To Support and Enter into a Project Agreement with Loudoun County and Toll Road Investors Partnership II (Trip II) for the Leesburg Bypass Improvement Project 61 Page COUNCIL MEETING September 10, 2019 g• Supplemental Appropriation — Replacement of a Police Vehicle RESOLUTION2019-129 To Support and Enter into a Project Agreement with Loudoun County and Toll Road Investors Partnership II (Trip II) for the Leesburg Bypass Improvement Project h. Appointment to the Tree Commission — (Steinberg) RESOLUTION2019-130 Appointing Ron Platt to the Tree Commission i. Initiating Amendments to Councils Ethics Policy (formerly 13.d.) 1. RESOLUTION2019-131 Updating Town Councils Ethics Policy Initiating Amendments to the Town Code Extending Sound Amplifying Equipment Registration Past 8::00 p.m. (formerly item 13.e.) RESOLUTION2019-132 Initiating Amendments to the Noise Ordinance to Consider Extending the Night Time Period for Sound Amplifying Equipment k. Initiating Amendments to the Town Code to Expand the Golf Cart Service Area (formerly item 13.f) RESOLUTION2019-133 Initiating Amendments to the Town Code to Expand the Golf Cart Service Area The Consent Agenda was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Thiel absent) 13. RESOLUTIONS/ORDINANCES/MOTIONS a. 2020 Legislative Agenda and Position Statements Deputy Town Manager Keith Markel gave Council an update from the last discussion regarding the 2020 Legislative Agenda and Position Statements. He noted that a new item has been added to the Legislative Agenda based on work with outside legal counsel related to the annexation and BLA process with Loudoun County. Mr. Markel said this would allow the Town or any Town in Virginia to recognize the development approval rights that were granted or given to a neighboring locality should that property then come into an adjacent locality. Going from the County to the Town there would be the equal representation and recognition of whatever approvals were granted by the former locality it was 7 I Page COUNCIL MEETING September 10, 2019 located in. Mr. Markel said the wording on item "E. Commonwealth of Virginia Chesapeake Bay TMDL Phase III Watershed Implementation Plan" has been modified based on some recent action from the Department of Environmental Quality (DEQ) requiring more stringent nutrient controls for the Wastewater Treatment Plant as well as dozens of other plants throughout Virginia who have a great impact on cost as it is a very large unfunded mandate. Mr. Markel said this information will be coming forward to Council in greater detail from the Utilities staff once staff fully understands what DEQ is proposing. Mr. Markel said that two items have been removed. The first is regarding non -partisan redistricting based on the Supreme Court ruling and the second is a procurement item that had been in the agenda for a number of years but is no longer relevant. Mr. Markel said there were several agenda items that have been moved to the Positions Statement where they are more logically placed because they are support or recommends but are not specific requests for legislation. He said for clarity they have moved those items to the positions statement. Council Comment: Council Member Campbell said he thought that Council was being informed with the discussions with the County regarding the current Annexation/Boundary Line Adjustment (BLA) conversations that the Town was assuring business owners that might come into the Town that the Town would honor previous approvals. Mr. Campbell asked if adding this to the Legislative Statement means that the Town does not have the ability to honor their existing proffers and agreements with the County or is the Town looking for a stronger force of the law. Town Attorney Barbara Notar said it was the latter. She said that the Town does believe it has the ability under State Code §15.2-2286 that allows for the rezonings or temporary rezonings for properties brought into the Town via annexation or incorporation. Ms. Notar said that she, outside counsel and even the County Attorney's office have been informed of this provision and the Town will talk to him about that and the County staff when they meet later in the week. She added that both the Town and the County believe what they are doing is legal and proper but this action ensures that the State Code is behind their actions. Mr. Campbell said that the only thing he is worried about is that while the Town may believe what it believes, that the courts could go in different directions. He asked if raising this issue publically if the Town exposes itself to a challenge. Ms. Notar said that there is always that remote risk but asked Council to keep in mind that in order for the BLA to occur at all, the property owners must consent according to the County. She said that the property owners are in favor of the change to the State Code and said that they are happy that the Town has assured them that their property rights will stay intact. Ms. Notar said that the risk is for the subsequent owner but noted that they are working on that. She said that the Ordinance she hopes Council will pass will address those concerns and that the Ordinance will be ironclad. She noted that she couldn't say there would never be any risk but they are trying to reduce the risk as much as possible. Mr. Campbell said he is not opposed but thought that maybe it posed more risk in the middle of pending litigation. 8 I Page COUNCIL MEETING September 10, 2019 Council Member Dunn asked about the unmanned drones. He asked if the law or the contemplated legislation would allow situations where the drone has to be retrieved from public property. Mr. Markel said he did not know but what the Town understands is that there are people wanting to use public property such as parks to be able to use their drones wherever they wanted to operate them. Mr. Markel said what the Town is trying to control is the specific areas where drone launch and retrieval would take place so that they did not interfere with other active uses on the park property. Mr. Dunn noted that there is a current State Code listed and asked if staff knew if there was any leeway for retrieval or if staff will be bringing this item back to allow time to check into it. Mr. Dunn said it would be fine if staff wanted to follow-up with a response in an email. Mr. Markel said he did not think there was anything specific regarding if a drone got away from a user and it was launched from private property and it landed on public property. Mr. Dunn said he did not want to penalize anyone if it did go on public property. Mr. Markel said that it would give the Town the opportunity to regulate this area where it currently does not have the right to do so. He said this is primarily for people who wanted to have clubs or organizations that want to come onto the park and launch from their own spot. Mr. Dunn asked about item "F. Memorandums of Agreement with the County." He said that it was his understanding that the Town had approached the County and that Town Attorney was doing a great job in trying to work with whoever was in charge in Richmond dealing with the Memorandum of Understanding for the Health Department and rodent issue. He said it seemed like it was moving along just fine but then it seemed like they issued a decision that said this is moot at this point because the Town and County have come to an agreement already; therefore, they would not make a decision on just exactly what the Town has made a decision on. Mr. Dunn said he would like to make sure that the Town continues to have this decision sought even if an item becomes moot that they are still addressing it because there is a possibility that a re-signing of those same Memorandums will come up in the future. He said as it is stated that they should not have to go through that process for services that are being offered to other County residents. Mr. Dunn asked if there is something that can be added to the language that would address the moot factor but may be something for Council to consider also. Mayor Burk asked Mr. Markel if the Town has legislative sponsors for all of the pieces of legislation. Mr. Markel said that they do not and that once Council approves the Legislative Agenda and Position Statements then Town staff will set up those meetings for Council to meet with the legislators representing this area. Mr. Markel said that they would discuss with each of them if any of them would be willing to take up any of these issues. Mayor Burk asked if there was a reason why there was nothing on the agenda regarding solar energy. Mayor Burk asked if that is something that could be added. Mr. Markel said that if there is a specific request or something that the Town needs specific legislation for, it can be added. Mayor Burk said she would look into it. Council Member Fox said that last year there was not really an opportunity to meet with the legislators in a timely manner. Ms. Fox asked what 9 I Page COUNCIL MEETING September 10, 2019 the protocol is this year. Mr. Markel said the good news is that the Town is several months ahead of last year's schedule. He noted that last year Council adopted the Legislative Agenda and Position Statements in November and held the legislator meetings in early December which is really too late to be effective in getting legislation introduced by when they meet the second Wednesday in January. He added that once Council approves the Legislative Agenda, staff will be able to set up the meetings later this month or early in October which will allow several months to get the documentation together and work with any other neighboring localities that this may affect. Mayor Burk asked Mr. Markel what was needed from Council. Mr. Markel said if Council was comfortable that Council could adopt the Legislative Positions Statement and Agenda. MOTION2019-160 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION2019-134 Adoption of the Legislative Agenda and Positions Statement for the 2020 Virginia General Assembly Legislative Session The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Thiel absent) b. Requests for Capital Funding from the County of Loudoun for Fiscal Year 2021 Council Comments: Council Member Dunn asked Director of Public Works and Capital Projects Renee LaFollette if she knew the dollar amount of the County's CIP. Ms. LaFollette said she did not know it off the top of her head. Mr. Dunn asked if she could guess within a $20M +/-. Ms. LaFollette said she could not. Mr. Dunn said the reason he asked is that it was mentioned at the Work Session that they should not go in asking for too much because they don't take the Town seriously but noted that the County's CIP is $200M CIP. Mr. Dunn asked Ms. LaFollette what is the amount of the Town's CIP. Ms. LaFollette said it varies between $12M and $20M. Mr. Dunn said that if Leesburg is a Town that represents roughly 10% of residents, property tax or property values and other business interests, and so forth that it equates to $20M that the Town should have of the County CIP. Mr. Dunn said that asking the County for $6M is not going overboard and thinks that last year the Town asked for about $24M. He said it should not be a situation where the Town is taxing Leesburg residents when there are other sources for it. If those other sources were used, the Town would not 10 I Page COUNCIL MEETING September 10, 2019 need to be taxing its residents if they could use the same sources that everyone else in the County is using which is their County tax dollars that Leesburg residents also pay. Mr. Dunn noted that the Town has already received money in the past from the County. He added that for many years they never saw money from the County regardless of whether they asked for a lot or a little. Mr. Dunn encouraged Council to consider asking for as much as they can noting that the County's budget is very large when it comes to the CIP and Town residents are County taxpayers just like everyone else in the County who is getting the rest of that budget. Mr. Dunn said he did not consider it achieving success if it was from setting low expectations at the urging of County representatives to achieve that success. He did add that getting anything is better than getting nothing which is what they have been getting lately which is virtually nothing. Mr. Dunn said to consider projects that are very much County projects like the Courthouse or the Pennington Garage as spending all kinds of money in Leesburg is completely a County function. He said areas like sidewalks, drainage projects, and road improvements in other parts of the County, especially those that are community - oriented that Leesburg also has great needs in the CIP. Mr. Dunn said that he does not believe that the Town should shirk from asking for as much as it can. Council Member Campbell said that he wants to know if the Town is asking for things that they need out of priority. He pointed to Veterans Park versus other projects. His question is whether the Council feels as if these are the important ones because it goes beyond just writing a letter that gets the results. Mr. Campbell said in fact the Town does write a letter and doesn't get results. He asked how do they lobby, how do they work with the County, what kind of Finance Committee meetings does the Town of Leesburg need to go to as a Council to get results. Mr. Campbell said this is more than just making requests which is what they have done year after year. He asked if these are the projects that are most important as a priority and what can Council do to make sure that the lobbying is done here in Leesburg at the Government Center. Mr. Campbell wanted to make sure that the list presented to Council are the most important priorities for the Town. Ms. LaFollette said that when staff reviewed the CIP and developed the list of projects that were presented to Council at the Work Session, that staff looked at the projects that have moved their way through the Town's CIP process and are either in design or are planned to go to design next year. She noted that the Evergreen Mill Road Widening Project is currently in design. There was a second scoping meeting with Loudoun County on the project to bring them forward to the table to get their money to extend the road project down past Heritage High School. She said with the new estimate, the Town knows it needs additional funding and that they do not have an identified source of funding for the additional $3M that the Town needs for that project which is why it was added to the list. Ms. LaFollette said Veterans Park is another one that is a key park project that Council has kept in the CIP and has moved forward through its paces and is now sitting in the CIP for 2021 to begin the design process. She said that the projects that were put on the list are ones that have followed the process or are in design or are keyed up to begin design. The third priority Ms. LaFollette identified is the Downtown Traffic Study that Council 11 I Page COUNCIL MEETING September 10, 2019 mentioned when the staff was talking about the construction traffic due to the Courts Complex and the Loudoun and Church project so that staff can get a handle on what all the traffic studies are saying. Ms. LaFollette said they do not have an identified source for that funding either. She added that if she had to select her top three projects of the six before Council, they would be Evergreen Mill Road, Veterans Park and the Downtown Traffic Study. Mr. Campbell said that Council recently looked at funding recently received from NVTA to look at projects on Ft. Evans Road and Edwards Ferry Road and that Council directed that funding for the Route 15 and Battlefield Parkway bypass because the project needed more money. Mr. Campbell said in a similar fashion that if they look at what has not been allocated yet for Veterans Park, and staff has indicated that there are other projects, if there is a way to approach the County and take some of those funds and apply them to these other projects whose time is now. Ms. LaFollette explained that other issues that are that part of the CIP that was put in front of Council last year with the number of projects that are in Fiscal Year 2020, 2021 and 2022, that it boils down to the workload capacity of the Capital Projects staff. She said that when staff put the CIP in front of Council, that is the priority that Council has set when approving the CIP and what staff believes it has the capacity to ensure those project keep moving on the schedule. She added when looking at the projects that the Town is going to ask the County to fund or ask NVTA to fund or VDOT to fund, they are looking to put that funding request in the year as it is following through the Town's CIP. Mr. Campbell said that he was not asking staff to change the priority. He said that the staff and the energy for Veterans Park has already been allocated in the workplan. Ms. LaFollette confirmed that was correct. Mr. Campbell said that if that is removed from the workplan then there is space. He said that he was not saying to do that but trying to look at possibilities of how they get funds for things that can be moved up. Mr. Campbell said they have moved up other projects this year in the CIP due to citizen needs. He said there are other types of priorities that change. He said what he was looking at was the flexibility to change, the sources of the funding and then go back and review what was already agreed to and say is there a reason for the Town to make a change or request a change. Mr. Campbell said he understands the staff obligations and the time and limitations but thinks that somewhere along the line that if they are only committed to a plan and they never have the room for flexibility that they can only just ask for things as they relate to a staff capability for accomplishing a project, push them out to future years and the year might be now when they can provide the funding and they reallocate how they work with staff. He said he was not trying to change the game, just look for opportunities and other solutions to say can we do things differently. Ms. LaFollette said the Veterans Park as an example, the Town did have the County allocate money in Fiscal Year 2021 for that project. She noted that if the Town does not move that project forward in Fiscal Year 2021, does the Town risk the money that the County has allocated to that project. Ms. LaFollette said that the Town does not know the answer to that question and is one of the reasons that project was put back in front of Council for additional funding. Mr. Campbell requested that staff ask the questions noting that they 12 I Page COUNCIL MEETING September 10, 2019 have already had this exercise with a larger organizations such as VDOT and the Northern Virginia Transportation Authority. He said that both organizations came to the Town, Council looked at things and was able to move some things around. Mr. Campbell said that he just wasn't sure if the County had that flexibility. Mr. Dentler noted to Mr. Campbell when looking at flexibility in the CIP schedule that it is important to remember that many years ago, Council made a practice that the CIP schedule would be realistic so that the citizens would know when to expect their projects. He noted that some projects such as Morven Park Road Sidewalks has waited six years to work its way through the process. He said residents have been accepting of the process because they can predict when it is coming. He added that flood improvements for drainage on Wage Drive and Anne Street by Loudoun County High School had the same type of thing. Town Manager Kaj Dentler said that Council can change anything it wants to and it's Council's decision but Council's direction and policy has been to create a predictable schedule. His advice was to stick to that schedule noting asking the County to shift the money from Veterans Park, the Town would be breaking the promise that was made to the community that may be looking forward to the park. Mr. Dentler said that making these adjustments may be changing a practice that they may not want to do because it will affect more than just one project. Mr. Campbell thanked the Town Manager but noted his questions were about flexibility so reasonable decisions could be made. He said that the Town made the flexibility for a resident on Royal Street for a problem. Mr. Campbell said that Council can change their minds and can be honest with the residents about why. He said that all he is requesting is that staff get the answers. He also said that he was not saying that they should be doing this or that but more so to ask where flexibility might exist. Vice Mayor Martinez thanked the Town Manager for bringing this up because he was going to mention it that they do have Capital Project approved timelines for all of these projects. He recalled when he first came on Council that the Capital Improvements schedule had projects like sidewalks on it that had been there for over 20 years. Mr. Martinez said everyone would wonder where they are going and that Council made that practice many years ago to limit what residents would be promised. He added that if it is on the CIP that it will stay there noting that he does understand the need for flexibility and for following these projects through the process. Mr. Martinez added that he does agree like they said in the Legislative Agenda discussion that they should be getting the same level of services that the County is providing to residents of the County who don't live in the Town of Leesburg. He noted that Leesburg residents are not getting those same services and Council needs to go back and fight for that. Mr. Martinez said that he is tired of subsidizing the services of the County but because Leesburg residents need it, it was their responsibility. He said the Town had to take it over because they could not meet that responsibility. Mr. Martinez agreed that he would like for the County to pay for some of these CIP projects. He said it would give relief to the taxpayers but it doesn't matter to Ms. LaFollette's position where the money comes from. He said the only way she can make anything fast track and increase the ability to get anything done is to 13 I Page COUNCIL MEETING September 10, 2019 have more resources. Ms. LaFollette confirmed that was correct. Mr. Martinez added that even if the County pays for all of the Capital Improvement projects, that the staff is still tied to the timeline and if Council wanted to do anything to speed up that timeline, more staff would need to be added. Ms. LaFollette said that was correct. Mr. Martinez said he was in total agreement that the Town needs to get the County to take some responsibility for what the Town is doing but also understands the limited resources and the commitment that was made to the Capital Improvements timeline to provide citizens with a responsible and consistent Capital Improvements project list. Council Member Steinberg asked the timeline for submitting projects for consideration to the County. Ms. LaFollette said the resolution and application is due to Loudoun County on September 30. She noted that staff did allow an extra two weeks in presenting this to Council in the event Council needed an extra two weeks to decide on the list of projects that there would be time to do so but that Council cannot go beyond the second meeting in September or risk missing the deadline. MOTION2019-161 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION 2019-135 Requests for Capital Funding from the County of Loudoun for Fiscal Year 2021 Council Comment: Council Member Dunn suggested that when this is done that Council may wish to consider sending its own letter to the Board of Supervisors. He noted that Mr. Campbell mentioned how Council works with the Board of Supervisors but there has to be some way to initiate that work process and a letter seems appropriate. Mr. Dunn noted that other Towns may have to do the same thing but the citizens who are not in Towns do not have to make requests to the Board of Supervisors to get all these funding issues done. They are being determined by the Board, as needed. Mr. Dunn said that it may be that the Town is trying to make requests this year for money this year and maybe what Council should be considering is what the future items may be. He thought it would be a good idea to understand how to get on the County CIP for future items. He asked if Council desires, Mr. Dentler could come back and address what things have been done to get on the future County CIP instead of just giving money today. Mr. Dunn mentioned a project in Purcellville that had its funding taken away and redirected to Moorefield Station. He said he was not opposed to if the County doesn't want to do the funding and they want to do the project, let them come to the Town and do the project as long as it gets done. 14 I Page COUNCIL MEETING September 10, 2019 The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Thiel absent) c. Customer Service Week Proclamation (Sponsor: Mayor Burk) MOTION 2019-162 On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed: I move to approve the Customer Service Week Proclamation to be presented at the September 24, 2019 Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Thiel absent, Dunn abstain) Mayor Burk confirmed that only the five Council Members voting in favor of the Proclamation will be listed on the proclamation. g. Amending Town Proclamation Process MOTION 2019-163 On a motion by Council Member Dunn, seconded by Council Member Campbell, the following was proposed: To reconsider Resolution 2016-116 to amend the Town Proclamation Process The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Thiel absent) MOTION On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: To amend Resolution 2016-116 Council Comments: Council Member Dunn asked about the insertion of a line on the draft amended resolution stating that if a member is absent that they need to notify the Clerk within seven (7) days. Mr. Dunn asked why that would be in there especially if the person is not in attendance to vote to say whether they wanted their name added or not. Mr. Dunn suggested that perhaps staff was asking for 15 I Page COUNCIL MEETING September 10, 2019 this to let them know seven days in advance so that they could be added. Mr. Dunn did not recall discussing this. The Mayor said that was correct but that it was a clean-up. Mr. Dentler believed that staff had it in their notes to add but that it was at Council's discretion as to whether to add it or not. Mr. Dunn said that the Mayor suggested an idea that he and Council Member Steinberg had which was to have the affirmative vote determine whose name gets added. Mr. Dunn said if you are absent your name does not go on it unless you call in and make a request but he did not think anyone on Council would fault that. Mr. Dunn did not like the timeframe but could go along with it if it is required. He said he hated to make it so hard and fast that it has to be seven days. He noted that if they remove the number of days and say that if a member is absent to notify the Clerk if they want to be added. Mr. Dentler said the only reason a specific number of days was added was simply because of production. If a Council Member waits until three hours before a meeting, mistakes will happen and is part of why this is being discussed. Mayor Burk confirmed with Mr. Dunn that he could live with the timeframe. Mayor Burk asked to have the language added to have an affirmative vote mean you want your name added to the Proclamation. Mr. Dunn said that it is really a change to bullet #4 versus adding another bullet because it would eliminate the need for a Council Member to immediately identify after a vote if they wish to have their name added. Mayor Burk wanted it to be clear that if a Council Member votes yes for a Proclamation that their name goes on a Proclamation automatically. She added that a no or an abstention vote that a Council Member's name will not be on the Proclamation. Mr. Dunn asked if a Council Member could notify the Clerk within seven days if that changes. Mayor Burk preferred not to make it too complicated. Mr. Dunn was fine with leaving it as is. Council Member Steinberg and Vice Mayor Martinez accepted the friendly amendment to the wording of bullet item #4. Council Member Steinberg suggested striking the second "Whereas" in the Resolution because when the Resolution was originally discussed the vote to have the meeting time start at 6:30 p.m. was voted down. It creates confusion as it is stated and should be removed. Vice Mayor Martinez accepted the request to strike the second "Whereas." Mr. Dunn asked if Mr. Steinberg believed that it should be removed because it was voted down. Mr. Steinberg confirmed that was correct. Mr. Dunn asked why it was included. Mr. Dentler said that going into the last Council Meeting it was anticipated that this was Council's desire but it did not pass at the Council meeting and was inadvertently not deleted MOTION2019-164 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: To amend Resolution 2016-116 by removing the second "WHEREAS" related to a change in the meeting start time and bullet ttl to include when a Council Member votes yes that it indicates the Council Member's desire to have his/her name added to the proclamation. A nay vote or an abstention indicates that a 16 I Page COUNCIL MEETING September 10, 2019 member does not want his/her name on the proclamation. If a member is absent, the member must notify the Clerk within seven (7) days of the vote. Council Comments: Council Member Campbell asked Mayor Burk to read the entire amended resolution to ensure that there was no confusion. Mayor Burk read the proposed resolution with the accepted changes. Council Member Dunn noted that the date on the second page should say passed on September 10, 2019. Council Member Steinberg asked what the definition of absent means. He asked what happens if a member is not in the room. Mayor Burk said they would be considered absent. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Thiel absent) 14. PUBLIC HEARING a. TLOA-2019-0005 Public Fleet Storage and Maintenance The public hearing was opened at 8:38 p.m. Zoning Administrator Mike Watkins gave a brief presentation on the proposed amendments. Key Points: • Discussed whether Council should amend the Zoning Ordinance to include Public Fleet Storage and Maintenance as a Special Exception use in the I-1 Zoning District. • Text amendment was requested as a result of a pre -application meeting with Loudoun County Staff regarding permitted uses for vehicle storage and maintenance. • Vehicle and/or equipment service facility is not a permitted use in the I-1 District. • The Public Fleet Storage and Maintenance Amendment was initiated by Town Council on May 28, 2018. • This amendment adds two new terms, a new use, and associated performance standards for the storage and maintenance of public fleet vehicles. • Proposed amendments: o Creates new definitions for "Fleet Storage, Public" and "Fleet Vehicle, Public" o Permitted by a Special Exception in the I-1 o Includes Performance standards for: 17 I Page COUNCIL MEETING September 10, 2019 • Use, Intensity, Location, Buffering, Separation from Residential Uses, Lighting, Maintenance, Screening, Pavement Marking, Stormwater management • Staff recommendation: o The initiation was intended to address a public need. o Use is only permitted in the I-1 zoning district. o The draft ordinance includes performance standards to: • address compatibility • protect the health, safety, and general welfare of citizens. o Staff recommends approval of the text amendment. • Planning Commission o August 1, 2019 Public Hearing o No public comment received o 7-0 recommendation of approval as a special exception use Council Comments: Council Member Steinberg asked what part of the Ordinance follows this in regard to lighting on these sites. Mr. Watkins said that the current light standards are in Article 12 which is a half a foot candle at the property line. Mr. Watkins said this is a performance standard of the Special Exception that would have to be addressed with an application that would come before Council. Mr. Steinberg asked how color temperatures and height of light poles is determined. Mr. Watkins said that it would be a function of looking at the specific request and Council could ask questions regarding pole height and temperature of the light but the performance standard would be specifically for the whole foot candle limitation but noted that since it is a legislative action, Council could ask and put conditions of approval on the application to address any specific lighting concerns that Council may have. Mr. Steinberg confirmed that this was the point in which this would happen. Mr. Watkins said that was correct. Mr. Steinberg asked if it was likely that anyone other than the County would utilize this. Mr. Watkins said at this point this is the only request and from a land use planning perspective limiting it only to the County would eliminate multiple vehicle storage lots all over the place and is a public need coming from Loudoun County. Mr. Steinberg confirmed with Mr. Watkins that there would be buffering between the adjacent properties. Mr. Watkins confirmed that was correct. Council Member Fox asked about the intent to expedite the approval process for any local, state or federal, government, department or agency. She asked if the only applicant at this point can be the County. Mr. Watkins said the only applicant at this point has been the County but does not prohibit others such as the Town, Federal or other local agency. Ms. Fox asked if it would prohibit anyone else in the I-1. Mr. Watkins said any other commercial entity but not prohibit a government entity. Ms. Fox asked Mr. Watkins for clarification regarding government fleet storage at the Pennington Garage at the top level. Mr. Watkins said the fourth floor has been identified 18 I Page COUNCIL MEETING September 10, 2019 for that purpose. Ms. Fox confirmed that they are not only asking for that but everything else in the I-1. There were no citizens wishing to address this public hearing. The public hearing was closed at 8:49 p.m. MOTION2019-165 On a motion by Vice Mayor Martinez, seconded by Council Member Dunn, the following was proposed: ORDINANCE 2019-0-014 I move that Zoning Ordinance Amendment TLOA-2019-0005 Public Fleet Storage and Maintenance be approved, on the basis that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. The motion was approved by the following vote: Aye: Campbell, Dunn, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Fox Vote: 5-1-1 (Thiel absent) b. Town Code Amendments to Chapter 34 (Utilities) Article III and Section 34 of Appendix B, Fee Schedule The public hearing was opened at 8:50 p.m. Deputy Director of Utilities Patrick Moore gave a brief presentation on the proposed amendments. Key Points: • Proposed Town Code Amendments to Chapter 34 (Utilities) o Article III (Sewers and Sewage Disposal), Division 3 (Fats, Oils and Grease (FOG) Program) ■ Sec. 34-164. Purpose and applicability ■ Sec. 34-165. Definition ■ Sec. 34-166. Grease control devices ■ Sec. 34-167. Discharge Limits ■ Sec. 34-168. Civil penalties; scheduled violations ■ Sec. 34-169. Other violations and penalties. • Chapter 34 (Utilities) o Appendix B Fee Schedule ■ Sec. 34-61. Fixed Water and account charge per quarter ■ Sec. 34-168. Civil penalties; scheduled violations • Sec. 34-164. Purpose and applicability 19 I Page COUNCIL MEETING September 10, 2019 o Updated to refer to Town Sewer Use Ordinance, Virginia Building Code and International Plumbing Code • Sec. 34-165. Revised Definitions o Food Service Establishment o Grease hauler o Public sewer system • Sec. 34-165. New Definitions o Device (Deleted Grease control device) o Grease o Gravity grease interceptor (Previously Grease interceptor) o Hair trap o Hydro mechanical grease interceptor (Previously grease trap) o Oil o Oil Water Separator o Sand Grit Interceptor • Sec. 34-166. Grease control devices o Clarify and specify requirements including: • Food establishment versus non-residential facility • New establishment versus existing establishment • Types of devices • Installation • Sizing (Design) • Maintenance • Waste disposal • Sec. 34-167. Discharge Limits o While defined in Town sewer use regulations, including in FOG • Grease > 100 mg/L • Oil > 100 mg/L • Sec. 34-168. Civil Penalties; scheduled violations o Remove requirement of certified employee with completed grease control device training o Strike civil penalties language to remain consistent with current state statutes o Added Letter of Noncompliance and timeline to resolve violations • Sec. 34-169. Other violations and penalties o Strike civil penalties language to remain consistent with current state statutes o Appendix B- Fee Schedule Sec. 34-61. Fixed Water and account charge per quarter • Corrections to two amounts listed effective July 1, 2022 o Appendix B- Fee Schedule Sec. 34-168. Civil Penalties; scheduled violations • Remove table of violations from Fee Schedule 20 I Page COUNCIL MEETING September 10, 2019 Council Comments: Council Member Steinberg asked a question about the fee schedule. He asked for clarification because Mr. Moore said that it was for the full 3/4" meter but then referred back to the 5/8" to 3/4" meter. Mr. Moore clarified that he was referring to the full 3/4" and the 1 1/2" meters that had the change for July 1, 2022. Vice Mayor Martinez said that now the Town is being politically correct by calling them grease interceptors instead of grease traps. Mr. Moore said that was correct but that the reason they do so is that because when businesses go online and order they are called grease traps interceptors now when really all they are are grease traps. Council Member Campbell said he wanted to go on record for opposing any additional and onerous regulations on business owners. He said he understands the grease trap program and its logic and importance in keeping the Town's sewer systems and water as clean as possible and does not think that is a burden in talking to any business owner who hasn't accepted it. Mr. Campbell said it one of the "WHEREAS" sections, it talks about fairness and the idea of an installation inspection. He said that there is language that the Town has to approve the inspection when in fact it is Loudoun County that does the inspection approvals of the installation. In saying this, Mr. Campbell said he did not feel as though the Town is sharp in the language and the scope of work and the expectations. He said to have the additional cost burdens that don't exist now that the Town has proven by the problems that they have, that additional cost burdens on business owners is warranted. Mr. Campbell said if it is warranted then it is fair. He said if things aren't happening the way they are supposed to happen then he understands all of the plumbing codes and regulations that exist. He added that the burdens being placed on the business owners by the authority that does the installation and inspection which is not the Town of Leesburg but the County of Loudoun. Mr. Campbell said that if he was wrong that he wanted Mr. Moore to correct him. Mr. Campbell wanted to go on the record to say that while this may pass, he did not agree with what they have done and how they have done it. He said he agrees with the purpose of what it is that the Town is trying to get to and hopes that they can filter out all of the issues and problems as they move along but to take an adversarial stance with the Town's business owners is not the Town's direction or goal. He said he would prefer to take the time to get it right rather than rush and move forward. Council Member Fox asked what the protocol was for compliance and noted that the Town has proposed a letter for non-compliance that did not exist in the past. Mr. Moore explained that there is an inspector that visits the sites and checks to see if the sites use a sludge judge and check the depth of the sewer to make sure it does not exceed the capacity required. The Town then advises that a more frequent maintenance schedule may be necessary. Mr. Moore said if that doesn't take care of the issue, then they would work with the business owner to make sure that they eventually add another trap or what is now known as an interceptor or even expand to receive the grease that they are generating. He said all along the way they have an inspector who is working with providing letters of compliance. They just wanted to make sure it was documented in the Ordinance. He said it is not very different from the practice they already use. Ms. Fox asked how they would know which 21 I Page COUNCIL MEETING September 10, 2019 establishments are the perpetrator of the grease. Mr. Moore said if they have a device installed it is fairly simple because they can test the device and open it up and check. He said if there is no device then they can go to the sanitary sewer lateral and camera and inspect from there to understand if there's clogging in the system and if so then there's further exploration. Mr. Moore said that there are some gray areas there because there are laterals that are in mains so you have to make sure that they are identifying the contributor. Ms. Fox asked how they could be 100% sure about it. Mr. Moore said typically if they are not 100% sure then they will do further exploration and verify but what they typically do is go through the main with the camera and look up the lateral and then come in from the cleanouts and from the devices that are there and inspect. He said that is how they move forward and try to mitigate the issue. Council Member Dunn asked about the Fee Schedule. He said it is roughly a 20% increase in fees across the board over the next four years or so. He asked if that is the rate of increase of the Town. Mr. Moore said this is the same Fee Schedule with the exception of the two changes that was adopted by Council in January. He said that this is what was proposed and voted on by Council. Mr. Dunn asked if this has been the rate of increase the previous four or five years. Mr. Moore said he apologized and is relatively new to the department and was not as deeply involved with the details on this but believes that they have done increases but could not tell Mr. Dunn exactly what those increases are. Mr. Dunn asked why there were two changes in 2022. He asked why it is such a big deal to go from 49W to 644 and then the other one was a $2 increase. Mr. Moore noted the change actually reflects what was studied and developed by the Town's rate consultant at the time. He said unfortunately when it was advertised and enacted there was a mispublished rate in those two areas. The request is to simply correct those two amounts to have it be consistent with what the rate consultant had originally proposed. Mr. Dunn requested on the vote a division of the question on the Ordinance so that a vote could be taken on the Ordinance itself separate from the Fee Schedule. There were no citizens wishing to address this public hearing. The Public Hearing was closed at 9:05 p.m. MOTION 2019-166 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: ORDINANCE 2019-0-015 To Amend Chapter 34 (Utilities), Article III (Sewers and Sewage Disposal) Division 3 (Fats, Oils and Grease (FOG) Program) The motion was approved by the following vote: Aye: Dunn, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Campbell, Fox Vote: 4-2-1 (Thiel absent) 22 1 Page COUNCIL MEETING September 10, 2019 MOTION On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: To Amend the Fee Schedule (Appendix B) Council Comment: Council Member Steinberg clarified with Mr. Moore that all Council was doing was approving the changes that were misprinted in the first place. Mr. Moore said that was correct. Mr. Steinberg said that this is an approved fee schedule as it now stands. Mr. Moore said that was correct. Council Member Fox said she wanted to go on record to say that she did not vote for the original fee schedule and would not vote in favor of this motion either. The motion failed by the following vote: Aye: Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Campbell, Dunn, Fox Vote: 3-3-1 (Thiel absent) 15. UNFINISHED BUSINESS a. Follow-up from the NAACP Meeting Council Comment: Council Member Dunn asked for a point of order noting that he believed this to be out of order. He said that it is not unfinished business. Council created a committee to meet with a group and if Council wants to hear a report back from the committee that they can request it but that should be done at a regular Work Session unless the rules were suspended to bring the item forward the night of the meeting which was not done at the current meeting. Mr. Dunn said that because it was never laid on the table as business, it cannot be added to the agenda as Unfinished Business and therefore this topic is out of order. Mayor Burk asked the Town Attorney to weigh in on this. Ms. Notar said she agreed with Council Member Dunn but that Council already took a vote to discuss it under Unfinished Business. She said it is too late for Mr. Dunn's comments. Mr. Dunn asked for a Point of Order noting that the Town Attorney does not have standing on the issue but the Chair does. Mayor Burk noted she understands this but asked the Town Attorney for an opinion. Mr. Dunn said that if something is out of order it does not matter if it is voted on or not adding that it goes against the Council's policies and procedures of how they bring things before Council. He said it is the basis in which Council sets its rules. Mr. Dunn recognized that it is important for some people to want to bring this topic forward but Council does have rules to go by. Mr. Dunn said that if Council wants to break the rules to fit its convenience then they have to allow others to break the rules when it is inconvenient to them. 23 I Page COUNCIL MEETING September 10, 2019 Council Member Campbell noted that if the conversation is about the point of breaking rules and whether or not this is appropriate that business before the Council is not finished. He said that if Council wants to define Unfinished Business and how they bring items forward for Unfinished Business on items that the Council has already taken up. He added to have that there needs to be a new motion and a new section of whatever part of the agenda that they want to talk about it for a response to an action for something Council initiated and then to say that if they don't initiate another action to hear the results of the action they initiated then they hear no response and have no recourse to understand what happened in the proper format or fashion. Mr. Campbell said this is an action Council authorized to have two of its members to meet and then they get no proper response. Mr. Campbell said that he does not hear Council Member Dunn say that they should not have a response as a follow-up from that meeting but that they would have to ask for one and if it does not get voted on and gets voted down there would be no response to an action that Council asked two of its members to take. He said he is not looking at breaking a rule or making a new rule. Mayor Burk ruled that she agreed with Mr. Dunn and technically the motion was out of order and she should have caught it before this; however, since they did vote on it, she is going to allow the discussion to go forward. Mr. Dunn asked if that was a personal privilege and Mayor Burk confirmed that it was. Mr. Dunn mentioned that he thought it was improper to have this going forward with one of the members that this meeting was called about to address is not here to hear the discussion on the report. Mayor Burk confirmed that Council Member Dunn is on record to objecting to the discussion on this topic with Mr. Thiel being absent. Mayor Burk noted that Council had two people meet to represent the Town Council at a meeting. Mayor Burk asked Mr. Campbell what is the discussion. Council Member Campbell said that they have not had a report in a public fashion that allowed Council to have discussion. He asked for a report from that meeting from the two Council Members in attendance and the ability to have discussion. Mayor Burk confirmed that Mr. Campbell was looking for a report from the two Council Members and noted that they did have a short report from Council Member Steinberg. She noted Mr. Campbell desired an additional report and asked the Council Members present if they had any objections to adding this item as a memorandum regarding a report from that meeting. Vice Mayor Martinez said that before they begin, stated that they were a sub -committee and that they weren't just two Council Members that were picked out of a hat to attend a meeting. He said they are a sub -committee that is addressing this issue and by process this should go through the sub -committee. Mr. Martinez said that Mr. Steinberg is taking the lead and Mr. Martinez said he would abide by what he wants to do. Council Member Steinberg said that he voted to allow this to be added as Unfinished Business but was not aware that he was going to be expected to provide a report. He said he would be happy to prepare a report about both the meeting they had and some subsequent events since but that he was not prepared 24 I Page COUNCIL MEETING September 10, 2019 to give that report at the current meeting. He asked Council if they would be willing to move this to a future meeting as he was not prepared to discuss at the current meeting. Mayor Burk advised that this was understandable and that Mr. Steinberg was not aware that he would be asked to provide this at the current meeting. Mayor Burk asked if he had any objections of the report coming out at a future meeting. Council Member Campbell said he did and said it is because there have been subsequent transmissions through email about this committee or sub- committee or what he calls two representatives of Council that were only empowered to hear and not only about the nature of what happened at that particular meeting but subsequent follow-up. He said that there is actually a purpose to talk about what actually these two persons of Council were empowered to do and only one time which was to meet, listen and bring back to Council which has not happened yet. He said the second part that has gone on in the transmissions is a piece that was communicated at this meeting to the NAACP that Council would probably not want to meet or meet as a group with the NAACP as a whole subsequent of a recommendation for any kind of follow up which he believes is a misrepresentation of Council. Mr. Campbell said that it was recommended that the NAACP meet individually with Council Members. He said that was not a Council action and was a personal recommendation. He added that the subcommittee has been referred to as some type of ongoing committee where Council appointed Council Member Steinberg as the head of this sub -committee. Mr. Campbell said he has reviewed the records, minutes, videos and does not believe that this was the motion that was ever made. He said that he believes that they are confusing the public and misrepresenting what these two Council Members were supposed to come back with and haven't done so. There has not been subsequent follow-up which has created the dissidents that they have in the community whether intentional or unintentional and may get out of control. Mr. Campbell said they need to resolve it and have the conversation about it and follow-up correctly. Council Member Steinberg said he has no problem with Council Member Campbell's remarks but may take issue with certain semantics in this particular case. He said he and Vice Mayor Martinez are more than happy to prepare a report and there are a lot of details involved here and are not prepared to provide a report of this nature at the current meeting. He intends to address each and every one of Council Member Campbell's concerns but does not intend to get into an argument about what they were empowered or not empowered to do and in fact Council did not give them any specific directions one way or another. Mr. Steinberg said that the fact that he and Mr. Martinez took it upon themselves to create their hierarchy in the course of the meeting was certainly well within their right to do so. He said he did not believe that arguing that the title head of the committee should not be part of the discussion and reiterated that providing a report is no problem but that it was not going to happen at the current meeting. Vice Mayor Martinez said he asked Council Member Steinberg to take the lead in the discussions and thought it was appropriate because he is a current 25 I Page COUNCIL MEETING September 10, 2019 member of the NAACP and has participated in a lot of what is going on. He added that where Council voted on this, it was voting them to be on a sub- committee. If Council feels differently then they need to say something about it because as of the moment there is only one Council Member who is saying that they are not a committee and that they are just two people picked to talk to the other two people which he believes is the wrong interpretation. Mr. Martinez said that if Council does not want them to continue for them to be a sub -committee to handle this issue, then they need to speak. Mayor Burk said Mr. Steinberg and Mr. Martinez have agreed to provide a report at a future date. Council Member Dunn said that there are still procedures in which items are brought before Council and they should be followed. He added that this was part of the complaint about this whole process and a very big part of the complaint. He said at the time he had never seen so many people interested in Council's Rules. Mr. Dunn said this is exactly 100% why it requires unanimous consent to bring things forward to Council at the same meeting because the only one prepared to discuss the topic is the one that is bringing it up or a coalition of others that they have talked to ahead of time to be able to do it. He said as far as he knows staff was there and minutes were taken but he hasn't seen any minutes. He said Council has the right that if they gave instructions for two people to meet and they called those two people a sub -committee and those are all the instructions they were given, then Council has a full right not to be pressured by a group or individual Council Members what the next course of action is going to be based on a majority vote of this body. He said he was not to be strong-armed by whatever it is that he decides it is. Mr. Dunn cited Roberts Rules, "Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty." Mr. Dunn said that this should be brought up and Council Members have the opportunity under Council Member comments because they changes the rules to bring things forward for a future Council Meeting at Regular Council Meetings. He added if they so desire and they get the votes to do that with the four head nods, with the four head nods they can bring it forward for a Work Session. Mayor Burk said she will take responsibility for not acting accordingly at the beginning of the process but since it is gone and she missed it she has given leeway to allow for the discussion. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Dunn noted the recent tragic events in Montgomery County which is just a mile or two away from Leesburg at the river. He said he would like to hear from the Police Chief, even if it is a confidential letter, identifying what Leesburg is doing to ensure that those types of instances are. Mr. Dentler requested additional clarification. Mr. Dunn said it was related to the seven sexual assaults of primarily underage females in Montgomery County 26 I Page COUNCIL MEETING September 10, 2019 recently. Mr. Dentler said he was not familiar but the Police Chief can research. Mr. Dunn wants to make sure that Leesburg knows about it because it is right next door to Leesburg and what is the Town doing to make sure that is not happening in Leesburg. Mr. Dunn said that it can be a confidential memo as he is certain that the Chief will not want to disclose publically strategies for dealing with these things. He stressed that he wants to make sure it is being addressed. It was the consensus of Council to request a confidential memo from the Chief regarding the steps taken to combat similar issues occurring in Montgomery County regarding sexual assaults. Council Member Dunn requested a Work Session discussion on what it would take to put together a Volunteer Showcase similar to what is done with the Job Fair but to allow those organizations to allow them to explain what it is that they do and recruit volunteers. Mayor Burk noted that Loudoun County does this type of activity already as do a few of the non-profit organizations. It was the consensus of Council to add this to a future Work Session discussion regarding a Volunteer Showcase. Council Member Campbell commented on the NAACP issue and said that it isn't about the NAACP and it is not about being bullied but is about integrity. He said the integrity of asking to meet is fair and the integrity of meeting is fair. Mr. Campbell said the integrity of having to ask for a report back is what is not fair to the community or to this elected body. He said that comments made during Council Member comments is not an appropriate forum for reports or summaries to be given because it does not allow for Council to do its due diligence and ask questions and having responses whatever they may be. Mr. Campbell said then Council can decide what the next step will be. He said that some may be upset by this but realistically it is a valid claim. Mr. Campbell said that some of them may be topics of the conversation by outside groups but the only thing he is focused on as a Council is what Council did and heard and what the next requirements may be. He said not for individual action to be taken as a follow-up. Mr. Campbell said he believed what is right and transparent and open and honest. He said he has cautioned this group before about the level of conversation cannot be denied because it is uncomfortable or difficult. It does not put Council in a good honest continuing place for this type of conversation. Mr. Campbell requested at a future Work Session a report from the first meeting between the two representatives appointed by Council and the NAACP. It was the consensus of Council to have a report from the two Council representatives regarding their meeting with the NAACP. (Campbell, Fox Vice Mayor Martinez, Steinberg, and Mayor Burk) Vice Mayor Martinez disclosed that he met with Mr. Peter Kalaris to discuss the commercial center. 27 1 Page COUNCIL MEETING September 10, 2019 Council Member Steinberg said that based on the lack of direction given by Council and the fact that a final report has not even been requested yet, he finds the comments interesting. He personally considered this still a work in progress and is not afraid of having the conversation at all but thought it was still an ongoing process. He disclosed that he had a phone call with Mr. Peter Kalaris regarding the Meadowbrook Commercial project. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Thanked the Ancient Order of Hibernians who invited her to speak at their convention. Mayor Burked thanked Principal Lacey from Leesburg Elementary for inviting her to their Open House. She represented the Leesburg Town Council at the Irish Embassy. Mayor Burk said that the United States Gaelic Athletic Association had their games at Morven Park which drew 5,000 people attending. Mayor Burk said the Town held a vigil for the International Overdose Awareness Day and was a good event and well attended. Mayor Burk welcomed the Community Foundation of Loudoun and Fauquier County that has moved to a new headquarters here in Leesburg. Mayor Burk welcomed Bill Kid's Preschool to Leesburg. She said the Courthouse event to light the memorials for the Veterans for Foreign War Memorials was very inspiring. Mayor Burk thanked the Downtown Business Association for another fabulous First Friday. Mayor Burk said she spoke at an event marking the 45`h Anniversary of the W&OD Trail. She added that the Dog Swim at the pool was the same day. Mayor Burk welcomed Balls of Glory which is a new restaurant in Town and wished them well. 19. TOWN MANAGER COMMENTS Mr. Dentler reminded Council that the 9/11 Memorial Event at Freedom Park is being held on September 11 and begins at 8:40 a.m. so Council need to be inside the park by 8:30 a.m. 20. CLOSED SESSION a. Closed Session — Town Manager's Annual Performance Evaluation. Mayor Burk asked if this was also for a contract renewal. Mr. Dentler said that it is a continuous contract and no renewal was required. Council Comments: Vice Mayor Martinez asked if it would be out of order to avoid the closed session altogether and make a motion to give the Town Manager a 3% pay raise. Mayor Burk said he could make that motion. MOTION2019-167 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: I move to approve a 3 % pay increase for the Town Manager. 28 1 Page COUNCIL MEETING September 10, 2019 Council Comment: Council Member Campbell said this is what he believes is inappropriate that they don't have a valid discussion. He said it has nothing to do with the Town Manager. He said that they should be understanding what criterias there are and the expectations. Mr. Campbell said even hearing performance whether it is in a closed session or in a public forum that the Town Manager deserves better. He said that Council needs to look at a pay increase that can be justified, not just for him, but the continuation of not just the performance but what those expectations are. Mr. Campbell said he has not been in any evaluation where there hasn't been advice for improvement not for achievement as recognition but for improvement. He wants to know the expectations and the improvements. Mr. Campbell said not to have a conversation about it is totally inappropriate. Vice Mayor Martinez said he has known Mr. Dentler for a long time and knows his performance and knows what he does. He said that he continually talks to him and criticizes him, compliments him, and has room for his improvement constantly. He does not feel the need that he needs to continue the discussion in a closed meeting. Council Member Dunn left the meeting at 9:35 p.m. The motion was approved by the following vote: Aye: Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Campbell, Fox Vote: 3-2-2 (Dunn and Thiel absent) 21. Adjournment On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was adjourned at 9:36 p. m. Kellayor Town of Leesburg ATTEST: Clerk of Council 2019 tcmin0910 29 I Page