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