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HomeMy Public PortalAbout2019_tcmin1015COUNCIL MEETING October 15, 2019 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Ron Campbell, Thomas Dunn (arrived at 7:33 p.m.), Suzanne Fox, Vice Mayor Marty Martinez, Neil Steinberg, Joshua Thiel, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Deputy Town Manager Keith Markel, Town Attorney Barbara Notar, Director of Planning and Zoning Susan Berry Hill, Director Parks and Recreation Rich Williams, Director of Public Works Renee LaFollette, Director of Utilities Amy Wyks, Economic Development Director Russell Seymour, Leesburg Police Deputy Chief Major Vanessa Grigsby, Deputy Director of Utilities Patrick Moore, Zoning Administrator Michael Watkins, Traffic Engineer Calvin Grow, Management and Budget Officer Jason Cournoyer, and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Steinberg. 3. SALUTE TO THE FLAG was led Council Member Thiel. 4. ROLL CALL Council Member Dunn arrived at 7:33 p.m. 5. MINUTES a. Work Session Minutes of September 23, 2019 MOTION2019-184 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the minutes of the Work Session of September 23, 2019, were approved by a vote of 6-0-1 (Dunn absent). b. Regular Session Minutes of September 24, 2019 MOTION2019-185 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the minutes of the Regular Session of September 24, 2019, were approved by a vote of 6-0-1 (Dunn absent). 6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS) On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting agenda was moved for approval. 1 I Page COUNCIL MEETING October 15, 2019 The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PROCLAMATIONS a. Proclamation: American Archives Month Tuscarora High School Librarian Ms. Mary Pellicano accepted the proclamation and made a few remarks. b. Proclamation: Domestic Violence Awareness Month Loudoun Abused Women's Shelter (LAWS) Executive Director Ms. Judy Hanley along with Leesburg Police Depa' liiient Lieutenant Jaime Sanford and Loudoun County Domestic Abuse Response Team Coordinator Ms. Josephine Gonzalez accepted the proclamation. Ms. Hanley and Ms. Gonzalez made a few remarks. c. Proclamation: Police Appreciation Day Leesburg Police Department Deputy Chief Major Vanessa Grigsby accepted the proclamation and made a few remarks. d. Proclamation: National Bullying Prevention Month Loudoun County Public Schools Counseling Supervisor Dr. Tracy Jackson and Loudoun County Public Schools School Counseling Specialist Ms. Heather Ross accepted the proclamation. Dr. Jackson made a few remarks. e. Proclamation: Leesburg Vintner — Serving the Town of Leesburg for 31 Years Mr. and Mrs. Mike and JoAnne Carroll accepted the proclamation. Mr. Carroll made a few remarks. f. Proclamation: Dysautonomia Awareness Month Ms. Jessica Smith accepted the proclamation and made a few remarks. 9. PRESENTATIONS a. Presentation: 2019 Hermes Creative Awards Ms. Jennifer Sigal with Visit Loudoun presented Council with the 2019 Gold Hermes Creative Award won for the Fox5 Zip Trip Program held in Leesburg. 10. REGIONAL COMMISSION REPORTS Mayor Burk reported on the three debates held by the Coalition of Loudoun Towns (COLT) held for the Blue Ridge District Board of Supervisors seat, the Catoctin 2 I Page COUNCIL MEETING October 15, 2019 District Board of Supervisors seat and the Chair of the Loudoun County Board of Supervisors seat. 11. PETITIONERS The Petitioners section was opened at 7:30 p.m. Dave Culbert. Spoke to Council about Town Attorney Barbara Notar. He stated he was a land development attorney for the better part of four decades and that he has practiced in Loudoun County and the Town of Leesburg. Mr. Culbert said he has a relationship of mutual respect with Ms. Notar and considers her a capable and competent municipal attorney. He noted that he attended a Work Session in September where he and his client monitored the discussion regarding whether or not the Council should go into Closed Session. Mr. Culbert said the type of advice Ms. Notar was providing Council was the type of advice he would provide if he was in a similar role. Mr. Culbert said that the primary point Ms. Notar made during the discussion was that the final decision rests with the Council. He said that during the energetic discussion, her points may have been lost. He said as a non -participant and as a lawyer it was easy for him to follow as he was not so caught up in the moment. Mr. Culbert said that at the end of the discussion and from his perspective, Council certainly made the right decision and that government should be open and transparent. He noted that he and Ms. Notar don't always agree. In respect to his client' project he and Ms. Notar a diametrically opposed while their professional relationship remains cordial and professional. He added that they both understand that someone wiser than either of them may ultimately judge whose position is right. Mr. Culbert said in his defense and in this instance that Mayor Burk agrees with him if her email or text message to one of her constituents means anything. Mr. Culbert said he loves FOIA and shared a copy of the Mayor's message with Council and asked that it be entered into the record that he would share at the end of his comments. Mr. Culbert said that his opinion of Barbara's advice is more than offset than his opinion of the staff presentation regarding the Town's utility capacity. He said the Town has ample capacity and staff knows it. Mr. Culbert said he would be back to address that topic in more detail but may need a month of meetings to even begin to scratch the surface. Mr. Culbert said the Town has capacity for the entire JLMA, data centers and all, for which the Town is no longer the provider of choice but is clueless about the ability to serve one parcel that is absolutely beautiful and beautifully situated. Mr. Culbert said he would like the opportunity to question staff at some future hearing and he promises that at least one of them will have fun. Mr. Culbert said that he and Mayor Burk have known each other longer than they have known anyone else in the Chambers and said that he sincerely likes her and thinks that she is a good person but one with whom he has had many disagreements. Mr. Culbert asked her to please stop pretending to not notice his client and himself when they are in the room. He said it is ok to make eye contact. Mr. Culbert said that Ms. Notar and Mr. Dentler both came over and welcomed them at the last meeting displaying professionalism and not pretense. Mr. Culbert said when they are in attendance and have projects they should not be scorned or avoided. He said they would like to be heard and engage Council to make their case. He noted he would be back before Council again to make future presentations. Mr. Culbert provided a copy of an email to Council. 3 1 Page COUNCIL MEETING October 15, 2019 Gem Bingol, 1508 Shields Terrace, Leesburg. Spoke to Council as an employee of the Piedmont Environmental Council in reference to development in the Joint Land Management Area (JLMA). She noted that the Work Session discussion at a previous meeting referenced by the previous Petitioner was also her topic but that she was speaking to Council in the context of the greater issue of the Town of Leesburg, its utilities and the rural area around the Town. Ms. Bingol said that Loudoun County has just recently completed the Loudoun County Comprehensive Plan for Loudoun County and the Plan and the public reiterated their support for keeping the rural area rural and not growing the rural area beyond its existing capacity and existing potential that is allowed by the zoning. Ms. Bingol said there is growing concern among the public that even that potential raises a threat to the goals and vision for the rural area which is to support agricultural and rural economy first. She added that large undeveloped parcels particularly closest to the Towns could pose the greatest threat to that future vision. Ms. Bingol said what they have seen is that land owners aside from the owner at Graydon Manor have expressed interest in developing their parcels. She said those land owners aren't always in the JLMA and in fact there are several that have been on the northern side of Town that are interested in developing. She said that utilities and development go together and that Towns have utilities. Ms. Bingol said that capacity is of interest and she encouraged Council to think a lot about this along with the Comprehensive Plan that the Town is looking at and the recent Comprehensive Plan from the County that Council stay true to the stated interest of the Town to not expand beyond the JLMA. She said things have changed with the whole discussion at the end of the County process with the surprise discussion of the JLMA and that was unfortunate. Ms. Bingol said that she believes that the Town has demonstrated a lot of caution and care in annexation and thinks that it is a good thing. She added that circumstances are different and hopes that everything can work out between the Town and the County but she is not talking about the JLMA but rather the rural area. Ms. Bingol said the development interests at Graydon Manor reflect that potential that the Town could provide not only to them but to others. She said that the increasing use of sewer for areas outside the Town does have a potential impact if they are looking at growth within the Town boundaries which she thinks the Town has definitely expressed a lot of interest in specially the Crescent District and redevelopment opportunities in front of Council. Ms. Bingol said that it is possible in Leesburg and there's opportunities and maintaining the focus within the Town which is an important part of growing smarter and hopes that Leesburg will maintain that interest in smarter growth. She asked Council to think about these items and preserve the commitment to the Town and the County in the rural area of Loudoun County. Phil Fust, Loudoun Brewing. Spoke to Council about the Noise Ordinance and the need to change it to a later time. He said he is the brewer and primary greeter at Loudoun Brewing. He said he loves that all of them come into his brewery from time and for hearing him at the meeting. Mr. Fust said he believes that eight o'clock is a little too early in a commercial zone. He said that they do try to maintain the volume and relations with all of the people who live behind them and talk to them often and have asked them to please come tell him if the music is too loud before they start calling the 4 I Page COUNCIL MEETING October 15, 2019 Police. Mr. Fust said they have filled out all of the paperwork but suggested a 10:00 p.m. cutoff as reasonable in a commercial district to have amplified music. He noted that there is a volume that can be negative. Perhaps the volume just needs to be turned down and then amplified music is not so hard to deal with. Mr. Fust requested that the noise ordinance go an hour or two later and that if it is an amplified volume that needs to be tended to or taken care of that they will take care of it. He shared a similar situation over the past weekend where the Police showed up 20 minutes after the band had already quit at 8:30. The volume was turned down after eight o'clock. He acknowledged that they ran a little bit late. He also noted that he filled out all of the paperwork. Mr. Fust requested Council consideration that eight o'clock in a commercial district seems a little early for amplified music to have to stop. He asked for consideration to move it to nine or ten o'clock and if there is consideration that needs to happen on the volume level that if someone pulls up and they are checking the volume and it is too loud at that point then maybe they consider turning it down or if you are found in violation more than once or twice and your volume is still always too loud, then maybe they are penalized. To him a blanket eight o'clock cutoff seems a little early to him. The Petitioners section was closed at 7:43 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Campbell requested items 12.h. - Amended Initiating Resolution for Boundary Line Agreement (BLA) of Compass Creek and 12.i. - Amended Initiating Resolution for Zoning Ordinance Text Amendments, DCSM changes and Zoning Designations for Compass Creek be removed from Consent for discussion. Council Member Fox requested item 12.f. - In -Car Cameras for Police Department be removed from Consent for discussion. MOTION2019-186 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following Consent Agenda was proposed with items 12.f 12.h. and 12.i. removed: a. Regional Surface Transportation Program Funding Request RESOLUTION2019-153 Endorsing a Request for Regional Surface Transportation Program/Congestion Mitigation Air Quality Funding from the Northern Virginia Transportation Authority for Fiscal Year 2026 for the Route 15 Bypass Interchange at Edwards Ferry Road and Fort Evans Road Project 5 1 Page COUNCIL MEETING October 15, 2019 b. West Market Street Sidewalk Improvements Project — Acquisition of Right of Way Dedications and Easements RESOLUTION2019-154 Authorizing the Acquisition of Right Of Way Dedications and Easements for the West Market Street, Ayr Street to Morven Park Road Sidewalk Improvements Project c. Easement and Right -of -Way Agreement to Northern Virginia Electric Cooperative (NOVEC) on Town Property RESOLUTION2019-155 Authorizing the Conveyance of an Easement to Northern Virginia Electric Cooperative for Electric Service on Town Property at the Leesburg Executive Airport to Hangar Pad Site "B" Leased to SKAviation LLC d. NOVEC Solutions Easement and Right-ofWay Agreement for Leesburg Executive Airport Remote Tower RESOLUTION2019-156 Authorizing the Conveyance of an Easement to NOVEC Solutions on Town Property at the Leesburg Executive Airport for Telecommunications Facilities for the Remote Tower Center e. Contract Award for Cardiovascular Equipment at Ida Lee Park Recreation Center g. RESOLUTION2019-157 Awarding a Contract to Life Fitness in the Amount of $130,80709 for the Replacement of Cardiovascular Equipment at Ida Lee Park Recreation Center Initiation of Zoning Text Amendment - Development of Zoning Regulations for Architectural Design for the Eastern Gateway District RESOLUTION2019-158 Initiation to Amend Zoning Ordinance Articles 7 and 18 to Establish a New Architectural Design Overlay District for Areas within the Eastern Gateway District The Consent Agenda was approved by the following vote: Aye: Campbell, Dunn, Fax, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 7-0 6 I Page COUNCIL MEETING October 15, 2019 f In -Car Cameras for Police Department Council Comments: Council Member Fox asked about the extra appropriation of the $25,000. Ms. Fox noted that it states it is to accommodate the installation scheduled during the extended hours in an overtime basis as a projected cost. Ms. Fox asked about the need for the extended hours. Ms. LaFollette stated in order to fit the work into the workplan of the fleet division within Public Works that handles outfitting all of the Police cruisers, the work would have to be performed on extended hours in order to keep up on the daily maintenance on regular equipment that comes through the shop during regular business hours. In order to meet the timeline for when the Police would like to have the cameras installed in the vehicles, they can do one car at a time by taking the car out of service and be able to do that on extended hours keeps the vehicles moving through and the maintenance activities on regular work to be done. Ms. Fox asked if that was the plan before when the contract was structured. Ms. LaFollette said that Public Works had not been consulted at that stage of the contract. Ms. Fox asked where the extra $25,000 comes from. Mr. Markel said he believed it was going to come out of the Undesignated Fund Balance but did note it was not budgeted in this past year's budget. MOTION2019-187 On a motion by Vice Mayor Martinez, seconded by Council Member Campbell, the following was proposed: RESOLUTION2019-159 Amending the Fiscal Year 2020 Budget and Making a Supplemental Appropriation in the Amount of $110,822 The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 h. Amended Initiating Resolution for Boundary Line Agreement (BLA) of Compass Creek Council Comments: Council Member Campbell said that in looking at the staff notes on 10-17 that they are supposed to do a presentation to the Board of Supervisors and wondered if there is a copy of that presentation that Council could see. Ms. Notar said that staff is not doing a presentation. She said that the item which is an initiation of the BLA by the County will be presented to the Loudoun County Board of Supervisors on October 17. Mr. Campbell asked Ms. Notar what this means if it is not a presentation. Ms. Notar said that the Town staff will not be 7 I Page COUNCIL MEETING October 15, 2019 doing a presentation. Mr. Campbell said he was trying to understand if they would be receiving a packet of information on that day. Ms. Notar asked for clarification of where Mr. Campbell was reading from and he stated that he was reading from Tab 10 under background it states that on October 17 the Loudoun County Board of Supervisors will hear the Town's request to incorporate through a Boundary Line Adjustment Agreement. Ms. Notar said that was correct but that the presentation to the Supervisors would be the Town's request but presented by County staff. Mr. Campbell said that was what was unclear to him. Ms. Notar said that it is the County staff that will present to the Board of Supervisors the Town's request for a BLA. Mr. Campbell asked if there was a copy of what was going to be presented. Ms. Notar said she did have a copy and would send the link to the County staff report to Council. Mr. Campbell said it would be helpful if all of Council was on the same page and in agreement. He asked if there was any reason for anyone on Council to speak at the Board of Supervisors meeting. Ms. Notar said there was no specific reason but was also not saying that Council should not speak. Mr. Campbell asked if there would be any discussion or if they would be asking their staff questions. Ms. Notar said she did not know and added that it does not seem to be a controversial topic at this point at least with County staff, the Town Manager's office and her office. Mr. Campbell said he wanted to make sure because it is an important topic and wanted to ensure that Council was fully informed of all the details of what the staff is going to present on the Town's behalf to the Board of Supervisors. Mr. Campbell added that he is not disagreeing with any of the information but just wanted to make sure they have it all to be fully informed. Ms. Notar said she would send the link and confirmed with Council that the Board of Supervisors meeting would be held on Thursday, October 17. Council Member Dunn asked without going into the details of what Council may be discussing in the Closed Session, if the items that are being brought up in the Closed Session that relate to a Boundary Line Adjustment in some of the zoning usage that are being proposed, if they are currently in the County zoning for that project or are there new requests being made of the Town in the acceptance of the Boundary Line Adjustment by the property owner. Ms. Notar said that are new requests being made by the property owner some of which will be discussed in the Closed Session and one is in Tab 11 which is a portion of the property that is now zoned PD-CC-SC in the County that once it is BLA'd to be I-1. Ms. Notar said the original initiating resolution passed by Council did not have the I-1 in it and that the resolution is an amended resolution to include both the I-1 and the MA which is Municipal Airport District so that the Town properties can be zoned MA. Mr. Dunn asked if he was correct to assume that by Council voting for initiating the resolution for Boundary Line Agreement is that the Town is basically agreeing to something they haven't discussed in a Closed Session. Ms. Notar said that was correct but added that they are very non -controversial and there didn't seem to be a need to for staff to talk to Council beforehand about Tab 10 or a reason to talk to Council about these items in Closed Session. Mr. Dunn said that the only reason he asked is that the circumstances in which Council allowed staff to move forward in 8 I Page COUNCIL MEETING October 15, 2019 previous discussion seems like the property owner continues to add "...oh by the ways." He said that gives him some concern and he will be voting against this item. MOTION2019-188 On a motion by Vice Mayor Martinez, seconded by Council Member Campbell, the following was proposed amending: RESOLUTION2018-177 Initiating a Corporate Boundary Line Adjustment Process for a Portion of the Joint Land Management Area (JLMA) Identified as 1A and Directing Staff to Evaluate Other Areas of the JLMA Identified as 1 and 2 for Future Incorporation into the Town The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Dunn Vote: 6-1 i. Amended Initiating Resolution for Zoning Ordinance Text Amendments, DCSM changes and Zoning Designations for Compass Creek Council Comments: Council Member Campbell said he appreciated Ms. Notar's explanation for this item also, but asked about the Executive Summary in the staff report towards the end that one of the property owners now desires that a portion of the property be zoned I-1 after incorporation. He said that it is important for Council to have complete information and whether or not it is confidential or not who the property owner is that it helps to know specifically and helps him know who that property owner is to specifically who they are talking about versus one of the property owners. He asked if it was fair to say that Council can know who that property owner is or if it must remain in Closed Session. Ms. Notar said it is Peterson Companies and CC Skating that owns ION. She said that the Peterson Companies have a financial interest in ION so they are involved with the development. She said ION is the building to the left and apologized when they were talking earlier and stated that the first resolution for initiating was just for cleaning up the PINs. Ms. Notar said that this item is non -controversial to her and believes it should be to Council. She demonstrated on the map the Town/County boundary line and identified the area that is currently PD-SC-CC and that the Peterson Companies and CC Skating want that to be an extended parking lot so the property owner which is Peterson would eventually like that zoned I-1. Ms. Notar said that in the original initiating resolution they didn't have I-1 as it was not contemplated by any of the parties. Ms. Notar said the initiating resolution for the BLA is amended to include the I-1 and the properties by the Town should be designated MA and the Council will be asked to designate these properties so they added the MA as well. Mr. Campbell said his point is 9 I Page COUNCIL MEETING October 15, 2019 that it is not about controversial or fluidity of process but thinks it is important for Council to understand and was his understanding in the beginning was that they wanted to keep the same zoning designations or privileges within those zoning designations that they currently have with the Town. Mr. Campbell said it is right to get it right the first time and if they have to do extra work in reviewing the stronger demand from Peterson Companies or particular parts of what they would like from the Town to make happen that they didn't anticipate the first time that he doesn't want any more surprises. He said as they look at these that they really shouldn't be on Consent because they require a little more conversation about them even if staff does not see them as controversial that Council has to make a very informed judgement about very important decisions about land management and they need to know. Mr. Campbell asked if the Town is ready for this zoning amendment thinking that there won't be any other additions or does Ms. Notar believe that this is it. Ms. Notar said that this is not it and that is what will be discussed in Closed Session. Mr. Campbell stated then that this resolution is probably premature. Ms. Notar said that it was not premature. She said that staff was hoping that the Public Hearing for the BLA would occur at the end of November. She said if Council is more comfortable that it could push this item to the October 22 meeting although she does not prefer this. She added that the item could be deferred until after the Closed Session. Mr. Campbell said that he would rather have more information on this topic and said that he was not ready to vote on this at this point. Council Member Steinberg asked if this item is passed if it commits the Town to anything or begin the process. Ms. Notar said that Council is already committed to the BLA and that the process was already initiated. She said that this only adds a zoning district so that Council and the Planning Commission can contemplate adding zoning districts once the BLA occurs. Mr. Steinberg said he recognized that the BLA process has been initiated but asks if all the item is doing is setting a process in motion by which Council can then consider additions. Ms. Notar said that was correct. Mr. Steinberg confirmed that they were not committed to anything. Ms. Notar said that there would be public hearings in which the Town would decide. MOTION2019-189 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed amending: RESOLUTION2019-122 Initiating Amendments to the Town of Leesburg Zoning Ordinance to Establish New Planned Development Districts; to Designate the Zoning Classifications for Properties in the Compass Creek Development Area that come into the Town Boundaries by Boundary Line Agreement, Annexation or Otherwise; to Amend Sections of the Design and Construction Standards Manual to Accommodate Properties in the Compass Creek Development Area; and to Continue the Effect of Prior Development Approvals by Loudoun County 10 I Page COUNCIL MEETING October 15, 2019 The motion was approved by the following vote: Aye: Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Campbell, Dunn Vote: 5-2 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Veterans Day Proclamation (Sponsor: Vice Mayor Martinez) MOTION2019-190 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed: I move to approve the Veterans Day Proclamation to be presented at the October 22, 2019, Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) b. Diwali Proclamation (Sponsor: Vice Mayor Martinez) MOTION 2019-191 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: I move to approve the Diwali Proclamation to be presented at the October 22, 2019, Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) 14. PUBLIC HEARINGS a. Expansion of the Golf Cart Service Area The public hearing was opened at 8:03 p.m. Mr. Calvin Grow gave a brief presentation on the proposed amendments. Key Points: • On September 10, 2019, Town Council passed Resolution No. 2019-133 initiating amendments to the Town Code to expand the Golf Cart Service Area. 11 I Page COUNCIL MEETING October 15, 2019 • Town Council also requested staff to prepare draft amendments to permit the operation of golf carts on South King Street to Fairfax Street and on Harrison Street to 462 Harrison Street SE. • Cartwheels is currently the only provider that provides golf cart services in the downtown area. o Busiest time of their golf cart shuttle service is on Friday and Saturdays between 6:00 p.m. and 12:00 a.m. o Current hours of operation are seven days a week from 9:00 a.m. to 12:00 a.m. with exception times from 8:00 a.m. to 9:00 a.m. and 5:00 p.m. to 6:00 p.m. on weekdays because of the downtown traffic. • Golf carts have to be equipped with safety equipment and have to carry liability insurance naming the Town as an additional insured. • At the September 9 Council Meeting, Council asked a few questions regarding the golf cart service area. o Mr. Grow said the initial request was very large. o Cartwheels said the request was generated from a small area that they received requests in the Town not necessarily what they wanted to request. o Cartwheels advised that they would only ask for S. King Street down to Fairfax Street and a small portion of Harrison Street. o Council asked what the vision was for the golf carts. Mr. Grow said the Town believed the service is primarily to transport patrons from different parking lots to restaurants in the downtown area. Mr. Grow said additionally that this service may assist during downtown events. o How can staff help this service grow was asked by Council. Mr. Grow said helping to increase awareness of the service, particularly the downtown businesses. Make sure that Cartwheels is aware of all of the upcoming downtown events. • Mr. Grow said that staff is recommending the small expansion; however, the Police do not support expansion in this area. • Mr. Grow said to date there have been no crashes involving golf cart services according to the Police Department and no summons have been issued to golf cart operators. • Staff has not observed that there has been a negative impact to traffic in the downtown. Council Comments: Council Member Fox asked about the public concerns the Police Depailanent have. Major Grigsby said the Police Department's primary concern is that they have not had enough time to evaluate the current program before considering expanding. She added that whenever you are dealing with vehicles and golf carts, they just want to be certain and try to get a better feel for the traffic patterns. Ms. Fox said she loves the service and it is a good service but they haven't been in operation for a full year so there's no experience with winter weather or anything like that. Ms. Fox asked if that was one of the Police Department's concerns and Major Grigsby confirmed that was correct. 12 I Page COUNCIL MEETING October 15, 2019 Council Member Campbell said when this service was first established, he recalls talking about a pilot program so that they could observe what kind of metrics that would be viewed in a sense of saying not only is the service valuable, because it is, but how does the Town expand the service and how does it grow. Mr. Campbell said it is hard to make a decision about expanding and growing based only on that it is a good service. He said to be supportive which is his whole mission in saying is this something of value to this community to the extent where it can grow outside of the downtown. Mr. Campbell asked what would be those parameters. He asked if there were any other metrics other than there have been no accidents. He asked what the Town staff is looking for and liked the fact that they put in the report what can the Town do. Mr. Campbell said this is not on the operator alone but is also Council's responsibility to help and make this a safe and successful venture for the Town. He said the Police concerns notwithstanding asked what the Town staff looks for outside of the Police concerns. Mr. Campbell asked Mr. Grow to elaborate on the comment about impeding traffic during certain hours. A question Mr. Campbell has is if this a seven-day a week operation or a 12-month operation. Mr. Grow answered Mr. Campbell's first question noting that they basically go on complaints and that no complaints have been received from the Police Department or the citizens regarding the service. Mr. Grow said that is what staff works with and the fact that they have not received any complaints on the service. Mr. Campbell said he would be more concerned about traffic flow than complaints. He said he wouldn't expect complaints from passengers or businesses or people who partake of the business. He said that maybe those complaints would go to the Better Business rather than to the Town. Mr. Campbell believes it is a value service but that the Town has to make sure that the it is observing whatever metrics get established because it is a service that is worthy of expansion but thinks they have to make some solid judgements. Mr. Grow said he noted that the Police Department has been out and has observed the services and that they have been keeping track of it and it has been talked about internally with the Police Department. He added that they do have Police Officers out on the street all the time and can report back what they see in the downtown. Mr. Campbell said he would ask the applicant later if they think it is a success based on ridership. He said that is the other part of the business. If they are not making any money then they are not going to do it. He added that if the Town expands and grows that they are doing it reasonably and that it is a good part of their business plan to be able to handle the business. Public Speakers: Don Culkin, 105 Loudoun Street SE. Spoke to Council in support of expanding the golf cart area. He said when Council established the area to begin with he spoke of support largely because of Mr. Rusk's contributions over the years to public safety in Leesburg and he saw this as a good compliment expansion to this service. Mr. Culkin said in the relatively short period of time it has been going it has been working quite well and is a compliment to the 13 I Page COUNCIL MEETING October 15, 2019 downtown. He noted that the downtown is changing rapidly and it is a great thing. Mr. Culkin said not long ago Market Station and N. King Street were two separate places and didn't interact and that it can already be seen that they are connecting. He said when Mr. White and his project on the Times Mirror property on Loudoun Street goes in it will push this along further. He added Mr. Knutson's project on S. King Street that is more imminent and will move the center of gravity and that it is unmistakable that it will change the downtown. Mr. Culkin said Virginia Village will also add to this but that he was unaware of the timeline of the project. He said the definition of the downtown is changing and right now the area that the golf carts serve they have always thought of as the downtown. He believes that before very long it is going to be serving a little area north of the downtown because the downtown is really going to go to Catoctin Circle and it makes perfect sense that the cart service be expanded to that area. Mr. Culkin encouraged Council to expand the area. Dean Lake. Spoke to Council as a resident for nearly 20 years and has been a brewer for 25 years in Loudoun County. He said he was part of the Old Dominion Brewery which is the first brewery in Loudoun County and part of the group that built the first brewery in Leesburg which was at the time Thoroughbreds. He fast forwards to 2015 where he bought that brewery which is now Dog Money Restaurant & Brewery. He said he and his partner bought it in 2015 and have been operating nearly three years. Mr. Lake said he tries to understand the different sides to these issues both as a small business owner and as somebody who is in the industry but also as a family in the historic district and the impact it has on himself and other residents. He does not envy the delicate decision Council has to make regarding noise ordinances because there are two inherently competing issues. He said there are two competing interests and hard to strike that balance. Mr. Lake said on the golf cart issue there are really no competing interest. He can only see the upside. Mr. Lake said the service that Mr. Rusk is providing for more than 15 years as a ride service in Leesburg. Mr. Lake said that the service he has provided has saved many lives. He noted that the cart service is an extension of that and is a somewhat novel and interesting extension of that service and added that it is only going to continue to help a thriving King Street and eventually tying in King Street and the historic district with the Crescent District. He said it is the master plan to have a much broader loop. Mr. Lake said the plan is to have a broader, more extended, vibrant community blended with businesses they all need and added that Leesburg has become a destination in the last 20 years. He said he has seen the downtown grow and mature and has seen the businesses get a little more serious to do the things that will attract visitors. Mr. Lake said that Mr. Campbell had a really good point in that if there is no metric to show any downside he is not sure how much it will serve to wait some more to gather no more data on any metric. He said if the Town is just waiting to see if something bad happens that he doesn't think that is necessarily a rational approach. Mr. Lake also said he is unsure why a cart that can do 25 mph would inhibit any traffic patterns because it is just another vehicle. He would not expect it to impact traffic patterns at all. Living 14 I Page COUNCIL MEETING October 15, 2019 on King Street, he said he wouldn't cry if it made people go 25 mph. He didn't think 25 mph vehicles would be a law enforcement problem. Mr. Lake said extending the range of the cart service as proposed in this particular proposal is a very smart idea that will only help and will benefit not only those businesses that are inside the expansion area but benefit all of Leesburg as a single destination noting that there is now a valuable collection of restaurants, breweries and other destinations. He said anything the Town can do to enhance that provides a tool for organizations like Visit Loudoun that they can promote for residents and visitors would be good. He encouraged the Council to do two things. Extend the service not only for the current proposal but also so that Dog Money can be included as they have a lot of parking that the Town can benefit from in general. Beth Erickson, Visit Loudoun. Spoke to Council on behalf of Cartwheels and their efforts to expand their footprint in Leesburg. Ms. Erickson said that they have worked with Road Yachts for several years and that they are very excited about this new opportunity and creative approach to engage visitors and residents alike and all that Leesburg has to offer. They are in support of the request under consideration to allow Cartwheels to expand their service areas to include more 25 mph roads beyond the current area of King Street, Catoctin Circle and Virginia Village. Ms. Erickson said she understands that they are looking at adding more golf carts to their fleet including an eight and ten seat cart with some having handicap accessibility. Ms. Erickson said they are working with Mr. Rusk to see how they can support his efforts and how best to support their service to visitors. In the meantime, she thanked Council for their continued and unwavering support of local business development in Leesburg. She welcomed any questions from Council that she could help answer. Timo Winkel, Doener Bistro. Spoke to Council as the owner of Doener Bistro for 12 years in downtown Leesburg. Mr. Winkel said they just moved from inside the golf cart service area to outside of the service area into 13 Fairfax Street SE in the Virginia Village Shopping Center. He said that he was in favor of expanding the service area for a few reasons. The first being that it would be great for his patrons to connect with downtown as the downtown is growing and Cartwheels connects all of these businesses and added that it is great for nightlife. Mr. Winkel said he thought it would also be a great idea for the senior citizens in retirement homes to have someone drive them safely to the Safeway, farmer's markets, events, etc. He thinks it is a great idea. Mr. Winkel said they have their 12th Octoberfest starting this Thursday and the first group is actually a bus of seniors from a retirement home. From a community standpoint, Mr. Winkel said it would be a great thing. He added that the Town supporting the businesses it is a great thing because Leesburg is in competition with other areas of Loudoun County. He said they have so many unique great businesses from nightlife to stuff to do during the days, bars, restaurants, etc., but also it is a great thing that they only have in downtown which will attract people. Mr. Winkel said if Council can support it, it will support more growth in downtown Leesburg. 15 1 Page COUNCIL MEETING October 15, 2019 Asa Rusk, Cartwheels. Spoke to Council as the owner of Cartwheels and Road Yachts. He addressed Council's concerns with the golf carts being out during the winter. He said if it is snowing or sleeting, the carts will not be on the road. Mr. Rusk said that they are putting heaters in them so that they can be driven to and from parking lots. If it is snowing, sleeting or ice they are not going on the road. Mr. Rusk said he was happy to answer any questions Council has on golf carts. Phil Fust, Loudoun Brewing Company. Spoke to Council and said that working with Cartwheels has made it safer in his opinion, especially turning around in his parking lot, people coming and going who are drinking getting them to and from their own cars or eating establishments safely. It is absolutely a local and national concern. He said they support his business and met all the owners and has known Mr. Rusk for more than 25 years. He said every time one of the drivers comes in and hands out cards to all of their patrons and call them and they show up on time, get picked up and taken where they need to go. He said from their standpoint getting people safely to and from their cars or to and from eating establishments coming from a drinking establishment is really important. Mr. Fust said if it could be 25 mph between Loudoun and Market right at Mom's Apple Pie would be awesome because he said he has seen the blinking speed sign go 40 mph, 45 mph, 48 mph all the time. Going 25 mph and slowing everyone down would be helpful and a safety benefit in his opinion. Steve Skemp, MacDowell Brew Kitchen. Spoke to Council in support of the expansion of the territory footprint for Cartwheels. He said they get service by Cartwheels now as there is a designated stop in front of the restaurant. He said even so he thinks it is good for the Town to expand further and hit other possible venues such as Dog Money and Timo Winkel's new place. He thinks it is all about creating synergy for what is happening downtown and the changing nature of downtown has already been mentioned. He said that it also helps be a competitive driver in some other areas bringing regional visitors that may be wanting to go to One Loudoun where the Metro is coming in. Mr. Skemp thinks it is another service that appeals to visitors and residents alike to come to the downtown. He said in terms of parking that it helps as well as there are a lot more residences coming in and parking is becoming more of a premium. He said by expanding the footprint it helps alleviate some of the parking constraints especially when they want to visit a few different places. He said Cartwheels hits the sweet spot between venues that are too close to drive but too far to walk. Mr. Skemp said it is fairly limited where it is downtown where there are a few blocks that you may want to cover by foot and the weather is nice and you would rather do that instead of the cart, but when the weather is bad or generally if you want to go a little bit further to hit Virginia Village or going down to Dog Money or some of the other places that Cartwheels provides that service. Mr. Skemp said to echo Mr. Fust's comments in terms of the safety issues that it is helping out addressing safety concerns and said that more of the focus should be placed on the cars coming through downtown and not just what was mentioned on Market 16 1 Page COUNCIL MEETING October 15, 2019 Street but on Harrison Street and other streets as well where he would like to see more respect paid to the 25 mph limit. He said there is more increased foot traffic in downtown and some cars that don't respect the speed limit. Mr. Skemp reiterated his support for expanding Cartwheels. Council Comments: Council Member Steinberg asked Ms. Notar to what extent the Town is liable for this service. Ms. Notar said that if an accident occurs, that a section was added to the Town Code that exempts the Town from any liability. Ms. Notar further clarified that in the Town Code that there is a disclaimer that the Town is not responsible for accidents and that sovereign immunity generally applies to Town matters/acts so that would most likely kick in as well. She added that liability was discussed when the Ordinance was initially enacted and Council was satisfied that they were protected. Mr. Steinberg asked Mr. Grow to what extent the operator may have to make or deal with the oncoming construction that the Town expects to happen in the downtown area and the disruption this may cause to routes that are currently being used by Cartwheels. Mr. Grow said that with the construction of the Courthouse or S. King Street, they have not considered this in any kind of construction as part of the parking. He said they primarily focused on the restaurants and the parking garages coming to and from. Mr. Grow said that Mr. Seymour was telling him that he has received a lot of positive feedback from the downtown businesses but may be something they need to look at. Mr. Grow said that they have also looked at special events too and if it is something that could get people to parking. Mr. Steinberg asked Mr. Rusk to what extent he has considered in the course of the operation over the next possibly few years how he may deal with the disruption in the routes that are currently unobstructed. Mr. Rusk said he would like to do the Courthouse during the week and he was unsure if cars are going to be able to get through Town once all of the construction starts. Mr. Steinberg said he would suggest that this is something during the course of this program that the Town definitely want to consider looking at sooner rather than later. Mr. Steinberg said he would hate for Mr. Rusk to be caught short because this was not anticipated. He said believed that everybody seems excited about the program and that he wanted to see it do nothing but succeed and expand and that is what he is expecting is going to happen. He said the only thing that Council is discussing here or continuing is the rate at which they expand. Mr. Steinberg said there was a prescribed timeline and now they are being asked to shorten the timeline a bit but not to any great extent. Mr. Steinberg asked Mr. Rusk that if they offered an amendment to this motion would he be ok that within the motion it says something to the extent that should the Town have to reconsider the decision it makes on the expansion due to whatever extenuating circumstances that it be at Council's discretion. Mayor Burk said that Council already has that discretion. Mr. Steinberg said that he understood but wanted to be sure that Mr. Rusk understands this too. Council Member Thiel said he appreciates everything Mr. Rusk has done for the Town and it speaks volumes that he has multiple businesses and colleagues that come out and speak in his favor. He said it speaks to his 17 I Page COUNCIL MEETING October 15, 2019 character and his charisma. Mr. Thiel said he looked forward to supporting it and thinks it is a wonderful idea and that it gets people to and from locations and even their homes. He said he lives in Crescent Place and sees the cart picking up people all the time and being taken to restaurants on a nightly basis. Mr. Thiel thanked Mr. Rusk and said he looks forward to supporting this. Council Member Dunn said that while he is not excited about this he will vote for it. Mr. Dunn said that he is still concerned about the safety issue and that it has really been the message all the way around. He said when a golf cart tangles with a car, the golf cart loses and that is his biggest concern. He said the point was brought up earlier that they haven't had any problems so why not keep expanding until they expand to the point in which they then have an issue. He said this is a concern. Mr. Dunn said they do not want to see anyone get hurt whether it is due to another driver, the cart driver, someone in the cart falling out, weather, etc. Mr. Dunn said he did not vote for this initially because he was concerned about the safety issues. He said he could not say that he could vote against it now based on the safety track record and said that if there were safety issues that have happened they may not be getting expansion endorsement. Mr. Dunn said that safety was brought up quite a bit and was trying to understand from the safety experts where they see this as helping with safety. He said it was brought up a lot that I am taking someone who has been drinking away from the place that they've been drinking and delivering them to their car instead of walking. He said he was wondering how that was safer. He asked Major Grigsby if he was missing something. Major Grigsby said that it was a philosophical question and that she couldn't answer that. Mr. Dunn said he would be less philosophical and asked the Police Department if they would rather be able to find somebody who is potentially going to drive while under the influence generally at the place in which they were drinking or do you try to locate them by where their car is. Major Grigsby asked if he was asking about DUIs or drunk in public. Mr. Dunn said that it was brought up that this is a safety issue and it is helping people who have been at a drinking establishment. He asked if they normally patrol for people under the influence closer to the establishment or closer to where their cars may be. Mr. Dunn said he didn't know which one they do. Major Grigsby said she was unsure how to answer that question. Mayor Burk asked if Mr. Rusk could respond. Mr. Rusk said that they have been doing Sober Rides for about ten years. He said the drivers he has in the carts have done the Sober Rides. He said if someone has been drinking and they are taken to their car they are not going to allow them to drive the car. Mr. Rusk says he provides four options —call Uber, call Lyft, call Road Yachts, or he will call the Police. He won't allow someone to drive a car and have a wreck and kill somebody or themselves or hurt someone. Mr. Rusk said that they can get to their car but they are not going to let them drive. Mr. Dunn asked if anyone has been obstinate about wanting to get in their car even though he has felt that they didn't have the ability to drive. Mr. Rusk said that it has happened before and they call the Police Department and then they are told they can get in the van or go with the PD. Mr. Rusk said they then hurry up and get in the van. Mr. Dunn asked about the very small expansion area by Harrison Street and asked if it was 18 I Page COUNCIL MEETING October 15, 2019 really just for turning around at the little shopping center that was right there. Mr. Grow said that what it does right now the way the Ordinance reads is that is just gets them into the Town parking lot on Harrison Street. He said what the expansion does is that it gets them down to the first private street so that they can legally go inside Crescent Park. He said it extends just past the one private street that goes into Crescent Park. Mr. Grow said as of right now the expansion just goes to the parking lot which is right on Harrison Street. Mr. Dunn asked about the mixed -use retail on the bottom and houses on the top if there was another entrance further up the street from there. Mr. Grow said there was not. Mr. Dunn said that they mentioned for the senior citizens and the desire to go into the parking lot down at Virginia Village, but did note that there is a senior facility off of King Street by Monroe. He asked if there was any consideration to go into that area. Mr. Rusk said he has considered this and if the Town would allow him to go there, he would. Mr. Dunn asked about the area that he is in and asked if most of the people that he is dropping off are really getting a dropped off closer to their cars or those that live in this area that they are bringing them to their homes. Mr. Rusk said there are a lot of the people that live in the area that want to go home. He said there are some that he can't go even though they are in a 25 mph zone they may be two blocks away from where he can go. He said some of them he drops of there and they walk the rest of the way. Mr. Dunn asked if he knew what percentage if is of dropping off at cars versus dropping off at a home. He said he would imagine it is quite a bit more. Mr. Rusk said it is probably about 60/40 or 70/30. Mr. Dunn asked staff if Council were to look at expanding this is there a 25 mph roadway network that would connect something like the outlet mall to this location. Mr. Grow said there is not. He said if Council looks at the map, there really is no way to get to the outlet mall and other places. Mr. Grow said that the one thing that the State Code does say is that the speeds can't be higher than 25 mph so there would be no way to get to the Outlet Mall. Council Member Campbell said it is a good program and it is not going to be limited the way a businessperson would see it as to the future of golf carts. He said they are not talking roads, they are talking destinations. Mr. Campbell said it is not an expansion of being able to capture Dog Money. He said Dog Money is one of the destinations while the Village at Leesburg is a destination. He said if those destinations are not possible in a golf cart they need other means of transportation like a shuttle bus. He said what he does not want to do is continue to grow and not have a way to grow without public needs. Mr. Campbell said that the senior buses at Leesburg Senior Citizen Center don't run on weekends and seniors have no way to go shopping or go visit a destination because they don't have transportation. He said what this allows is to go back to the metrics piece and look at the needs of the community and somehow work with Mr. Seymour and what they put on the Web site as a service to the Town or restaurants. Mr. Campbell said that the Town is not helping the business grow, they are helping the visitors and residents to be served. He added that Mr. Rusk just happens to be in a good spot of having a business to capture some of the energy. He said that to him it is the smallest thing that can be done right now and the biggest might be that the Town has to step back and really look at 19 I Page COUNCIL MEETING October 15, 2019 expansion as the Town grows to not roads but destinations and then the right vehicles going to the right destinations. Mr. Campbell said that golf carts are not going to solve the problem as they continue to grow. He thanked Mr. Rusk for providing the service. Mr. Campbell confirmed with Mr. Rusk that right now this is a good business enterprise for him and that he wants to continue to engage in this business and grow. Mr. Rusk confirmed that was correct. Council Member Fox said she heard a few comments from Mr. Rusk and asked him to expand on his responses. The first was that he wanted to expand and service the Courthouse. Ms. Fox asked if he meant from the new garage area to the Courthouse. Mr. Rusk confirmed that was correct. She asked where the new drop offs would be for the Courthouse. Mr. Rusk said that he needs to discuss this with County Administration as he has already talked to the Sherriff's Office and they said for him to discuss with County Administration and ask them where they would like the drop offs located. Ms. Fox asked about how the current drop offs in Town are handled and if he just stops where people want to get out. Mr. Rusk said that the majority of the time he stops where the Town has erected signs for golf cart parking. Ms. Fox confirmed that he just follows where the signs are. Ms. Fox said she did not disagree with anything that has been discussed and agrees that Mr. Rusk's business is a compliment to the Town. She said she had some of the same concerns that Council Member Dunn had about people who have been drinking and taking them to their cars what would happen then. She said that was a concern of hers also. Ms. Fox said she does not mind the expansion but does think that if the Police are asking Council to consider waiting that they would have a valid reason for it but was just wondering why the rush on expansion. Mr. Rusk said through his app, people have been requesting on the app rides in certain areas and he has to tell them that he can't do it. Ms. Fox said that she liked Council Member Steinberg's caveat to add something to the Ordinance where if something were to happen that Council did not have any control over it or if wasn't a good idea to run it in certain months or something like that, that Mr. Rusk would be amendable to the change. Mr. Rusk confirmed that was correct. Vice Mayor Martinez said that there are a lot of people out there who have asked why Mr. Rusk's service area cannot be expanded. He said he can appreciate those questions because a lot of people would like that. Mr. Martinez said one of the things that was brought up for people who maybe drink a little too much is if Mr. Rusk thought about having an agreement or an arrangement with the Police Department. He said he is aware of a couple of taverns who offer free rides to people who can't drive to keep them from going to their cars. Mr. Martinez asked Mr. Rusk if he has thought about some kind of agreements with the Police Department or other places that will help him out with that. Mr. Rusk said that with Road Yachts he does that now that if someone calls they will go pick them up and it's free and take them wherever in Loudoun County they are going. If someone comes out of a bar and says that they are not going to use their service then that is when he calls the Police and they show up and then they decide to take the ride service. Mr. Martinez asked Major Grigsby if they work together. Major Grigsby said that the department does. Mr. Martinez said that 20 I Page COUNCIL MEETING October 15, 2019 was great and good to know because that was one of his biggest concern when people go out is that there are people that should not be getting into cars and he has tried to do something to stop it. Mr. Martinez asked if Mr. Rusk has put warning stickers on their carts that if they are drunk that they won't take them to their car. Mr. Rusk said that he has not. Mr. Martinez said that he recognized that this was pretty tough to do but it would be nice. Mr. Rusk said that sometimes when they get in the golf cart that he will have the driver call Road Yachts to be at the car when they are dropped off so that they aren't going to drive. Mr. Martinez said that he really appreciates this because those are some of the things that do concern him. He said he likes the fact that they are extending it and that there are some people that they can take right to where they want to go and not have to worry about driving them. Mr. Martinez said he really appreciates the business being there and that it has been received well by quite a few people especially those at MacDowell. Mr. Rusk said that they can call them with Road Yachts and they will bring them into the bars so that the cars are at their house. So then they can't drive. He encourages that. Mayor Burk told Mr. Rusk that she is very excited about this and thinks it has been a great service and has only heard that people really love it. She says it is a destination in itself. She said it is an economic driver and is delighted that they are extending it and will add another dimension and that they may be back at another point extending it beyond this but to try this and see how it goes and get it done. The public hearing was closed at 8:49 p.m. MOTION On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed to enact: ORDINANCE Expanding the Golf Cart Service Area Council Comments: Council Member Dunn asked about the 25 mph restriction that if the cart was on a road that was 25 mph but had to cross a 30 mph or higher road if it was permissible. Mr. Grow said no. Mr. Dunn confirmed that the golf cart cannot come in contact with any road that was over 25 mph. Mr. Grow said that was correct. Council Member Fox said she wanted to be sure that the language regarding the suggestion that Council Member Steinberg made was included that states that if there any issues as they work through the first year of service that the Council could repeal this motion. Mayor Burk asked Mr. Martinez if he agreed to this amendment. He said he could live with it. Mr. Thiel said he was ok with the amendment. Mayor Burk said it is redundant and not necessary so she won't be supporting it. 21 I Page COUNCIL MEETING October 15, 2019 The friendly amendment was accepted by Vice Mayor Martinez and Council Member Thiel. MOTION2019-192 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed to enact: ORDINANCE 2019-0-017 Expanding the Golf Cart Service Area with language added that Council has the right to repeal the expansion in the future if there are any issues or concerns. Council Comments: Council Member Steinberg asked to clarify the amendment recognizing that it was a little redundant and if Council was agreeable to change the language a little bit so that the operator understands where oftentimes the public does not and they get angry at decisions that the Council makes to include language that says that the Council is interested in seeing golf carts succeed and the expansion is not a problem at this time but in the interest of public safety should Council see at some future point see a necessity for revisiting the decision that both the operator and the public understand that they do it only in the interest in public safety. Mayor Burk asked if Vice Mayor Martinez was agreeable to Council Member Steinberg's wording change. Mr. Steinberg's friendly amendment was not accepted by Vice Mayor Martinez. Mr. Steinberg said he understood but just wanted to be sure to express the sentiment. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 Vice Mayor Martinez confirmed that the assumption is that the expansion is immediate. Mayor Burk said as soon as it the Ordinance is signed which should happen in the next day or so. 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Steinberg said that he and several Council Members had the opportunity to attend the Virginia Municipal League Conference in Roanoke and noted that it was extremely worthwhile. Amongst other topics, the sessions 22 I Page COUNCIL MEETING October 15, 2019 he attended dealt with two of three commissions that he is a liaison to and found the information extremely valuable and is happy he attended. Council Member Thiel disclosed he met with Dave Gregory regarding Graydon Manor. Mr. Thiel noted that he drove to DC that morning and paid over $50 in tolls one way so he would like to remind people that some leaders in Richmond have failed us in this aspect and to remember that on November 5. Mr. Thiel thanked Mike Carroll and his family for the 31 years they spent in Leesburg and that they will be sorely missed. Mr. Thiel noted that School Board Member Jill Turgeon lost her husband Mr. Bill Turgeon to cancer and extended his thoughts and prayers for their family and asked others to pray for the Turgeon family. Mr. Thiel concluded by saying "Let's go Nats!" Council Member Dunn disclosed that he received a phone call from Larry Beerman regarding Westpark Rezoning application. Council Member Campbell extended thanks particularly to the staff, Town Police, VDOT, Interchange Route 7/Battlefield Construction Company for meeting with Village Walk HOA a few weeks ago and noted that the community meetings are extremely productive particularly in the communities that are going to be most impacted. Mr. Campbell thanked the Town staff again for going to an idea community idea exchange orchestrated by the Town Planning consultants. He said it was well attended and conducted. Mr. Campbell said First Friday was another success but based on comments from the organizers that they are going to have to find a way for the Town to be involved even if it is financially for something that is in the Town's best interest. He said it will require a discussion at some point on this topic. Mr. Campbell said that the interchange groundbreaking occurred that morning and that he was pleased to be there to get this project underway. He said he attended the Waterford Foundation's 75th Anniversary and that their fair was a rousing success and the weather cooperated. Mr. Campbell extended condolences to the Turgeon family. Council Member Fox said she is very proud of the Carroll's and is sad to see them leaving Leesburg and how much she appreciated them. Ms. Fox said that Mrs. Jill Turgeon is one of her best friends and that Mr. Bill Turgeon is one of her husband's best friends and that she is mourning the loss of him and that they are praying for his family and the Turgeon's. Ms. Fox disclosed she did have a meeting with Mr. Peter Kalaris. Vice Mayor Martinez said he was sad to hear about the Turgeon family and he extends his condolences go to them too. Mr. Martinez disclosed he had a meeting with Mr. Peter Kalaris on the Commercial Center. Mr. Martinez also disclosed he had a phone conversation with Mr. Andrew Gregg with the Penrose Group on the Liberty Parking Lot and discussed him working with staff on a proposal. Mr. Martinez added, "Go Nats!" 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk was a guest of Loudon Laurels and said it is a wonderful group that raises money for student scholarships and that they pay the four years of a scholarship of up to $40,000 each year for four years. Ms. Burk 23 I Page COUNCIL MEETING October 15, 2019 congratulated Parks and Rec and Leesburg staff and Commission on a very exciting Air Show. She said it was well attended and enjoyed by so many people it was wonderful. Mayor Burk shared the story of someone who was visiting from Russia who came up to her and asked her if she was the Mayor. The Mayor said she was and the woman said in Russia, the Mayor would be surrounded by security and was so excited that she took a picture of her and Mayor Burk to send to her family because they will never believe that she got the chance to stand next to and talk to the Mayor. She thanked Chair Boykin and the rest of the Airport Commission to allow her to participate in the unveiling of the Stanley Caulkins bust at the Airport Lounge. She said it is another excellent tribute to Mr. Caulkins. Mayor Burk noted she walked with the Girl Scouts on Walk to School Day. She thanked the Police for their outreach event at Dolce and Ciabatta Bakery and that it was very well received by the community. Mayor Burk, several other members of Council and the EAC toured the recycling plant and noted how interesting it was. She added that the EAC will be coming back to Council with recommendations from the tour including a new list of things that can be recycled which is getting smaller and smaller. Mayor Burk said First Friday was another exciting fun time even though the crowd was a little bit smaller but still a huge success. Mayor Burk said that Purcellville is considering something similar based on First Friday but that they are considering calling it Second Saturday. Mayor Burk welcomed Revolutions Bicycle Coop which is a non-profit to make bikes a serious transportation alternative. She welcomed Habitat for Humanity who opened new offices in Leesburg and Innovative Chiropractic. Mayor Burk said that she went to Capitol Hill to talk to Senate staffers for Senator Warner and Senator Kaine because in the federal budget there is no specific funding for remote towers. She said both are going to work together to try to get that funding put in there. Mayor Burk said the Latino Festival put on by the Leesburg Police was very well received and the soccer players were amazing. She said it certainly was a good event to begin creating the atmosphere of trust between Leesburg residents and the Police Department. She thanked the Commission on Public Art and the Friends of Leesburg Public Art for the wonderful new sculpture that is at the Skate Park. Mayor Burk said she attended the VML Conference and that was a wonderful experience. She thanked Loudoun 100 noting she was one of the honorees and was humbled and honored to be with such an auspicious group of community leaders. She thanked the team who honored her. Mayor Burk extended her congratulations to the Carroll's and noted that Mike Carroll grew up with her husband in a tiny town in upstate New York and have been friends for a long time. She is glad he is retiring and going to enjoy himself. Mayor Burk extended her sympathies to the Turgeon family and said it is a sad day for them. Mayor Burk said the interchange groundbreaking was well received and a wonderful event. She said it will be a year and a half to two years to complete and that once finished you will be able to go from Clarke County all the way to Route 28 and not hit a single light. 19. TOWN MANAGER COMMENTS a. None. 24 I Page COUNCIL MEETING October 15, 2019 20. CLOSED SESSION a. Closed Session — Pending Litigation/Annexation and/or a Boundary Line Agreement of the JLMA MOTION2019-193 On a motion by Mayor Burk, seconded by Council Member Steinberg, the following was proposed: I move pursuant to § 15.2-2907(D) and 2.2-3711(A)(7) and 2.2-3711(A)(8) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members pertaining to the pending litigation of Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court No. 19-1768 where such consultation in open session would adversely affect the negotiating or litigating posture of the Town; and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, and pertaining to a potential annexation and/or boundary line agreement of the JLMA. Council Comments: Council Member Dunn said he wanted to mention that the information has already been provided to them and in looking it over he did not see anything that would require a Closed Session. Mr. Dunn said in addition he thinks it is inappropriate for Council to continue to have Closed Sessions on this issue and then just bring one public hearing on it to the public where the public may be concerned about what the Town is entertaining and bringing into the Town or the ability to potentially stop some of the development that is there through an annexation process. Additionally, he added that he was unsure what the litigation is since the Town staff has not presented the annexation to the County while it has been presented to the Court has not been followed through. Mr. Dunn said he is really disappointed that Council has gone down this path this long without discussing this in open session and thinks that after tonight if the Town Council chooses to go into Closed Session on this issue he will be removing himself from those. He noted he will sit in this last one but wants Council to consider not going into Closed Session about this or at least if staff feels that there are one or two items that are truly are litigation and issues that are so detrimental to our ability to negotiate that those issues be addressed in Closed Session but the other issues and there are a lot of them there should be addressed in Open Session. He added that he thinks it is important to let the public know what is going on with potential expansion of the Town. He said he would be voting against the Closed Session. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Dunn Vote: 6-1 25 I Page COUNCIL MEETING October 15, 2019 Council went into Closed Session at 9:08 p.m. and reconvened in a public meeting at 10:32 p.m. MOTION 2019-194 On a motion by Mayor Burk, the following was proposed: In accordance with Section §2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) The motion was approved by the following roll call vote: Dunn — aye, Campbell — aye, Fox — aye, Vice Mayor Martinez — aye, Thiel — aye, Steinberg — aye, and Mayor Burk — aye. 21. Adjournment On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was adjourned at 10:32 p.m. Kell jr Burp' Mayor Town of Leesburg ATTEST: Clerk of Council 2019 tcmin1015 26 I Page