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HomeMy Public PortalAbout2015_tcmin0623 COUNCIL MEETING June 23, 2015 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Suzanne Fox, Katie Sheldon Hammler, Marty Martinez and Mayor Umstattd. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Town Attorney Barbara Notar, Director of Economic Development Marantha Edwards, Director of Public Works Tom Mason, Director of Capital Projects Renee Lafollette, Acting Information Technology Manager John Callahan, Director of Parks and Recreation Rich Williams, Assistant Director of Finance/Ops Mike Goodrich, Chief of Police Joseph Price, Senior Engineer Anne Geiger, Business Development Manager Kindra Jackson, Deputy Director of Parks and Recreation Kate Trask, Senior Planner Delane Parks, Deputy Director of Utilities Aref Etemadi, Deputy Director of Planning and Zoning Brian Boucher and Executive Associate Tara Belote. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Dunn 3. SALUTE TO THE FLAG: Vice Mayor Burk 4. ROLL CALL: Showing all present. 5. MINUTES a. Work Session Minutes of June 8, 2015 On a motion by Council Member Butler, seconded by Council Member Dunn, the work session minutes of June 8, 2015 were approved by a vote of 7-0. b. Regular Session Minutes of June 9, 2015 On a motion by Vice Mayor Burk, seconded by Council Member Butler, the regular session minutes of June 9, 2015 were approved by a vote of 7-0. 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Butler, seconded by Council Member Dunn, the meeting agenda was approved as presented, by the following vote: Aye: Burk, Butler, Dunn, Fox, Hammier, Martinez and Mayor Umstattd Nay: None Vote: 7-0 7. PRESENTATIONS a. Certificates of Appreciation—First Responders to the Fire on South King Street 1 I Page COUNCIL MEETING June 23, 2015 On a motion by Vice Mayor Burk, seconded by Council Member Butler, Certificates of Appreciation were approved for the following first responder companies: Loudoun County Department of Fire, Rescue and Emergency Management Leesburg Fire Company, Company 1 Purcellville Fire Company, Company 2 Ashburn Volunteer Fire and Rescue Department, Company 6 Philomont Volunteer Fire Company, Company 11 Sterling Volunteer Fire Company, Company 11 Loudoun County Volunteer Rescue Squad, Company 13 Purcellville Volunteer Rescue Squad, Company 14 Fairfax County Fire and Rescue Department, Squad 439 Michael O'Connor,property owner of 13 S. King Street, assisted in presentation of the Certificates. 8. PETITIONERS The Petitioner's Section was opened at 7:44 p.m. Bob Brown, "Thank you, your honor, Mayor Umstattd and the Town Council. Thank you for giving me this opportunity. I would also like to acknowledge the tremendous job these gentlemen did at our car show and something that a lot of you may not be aware of is that prior to the unfortunate fire, we had a gentleman that thought he was having a heart attack. I called the 911 —they responded in less than 5 minutes and they did a very professional job handling that. I think they took him to the hospital. They do a fine job. Okay, my name is Bob Brown. I live at 1 Ayr Street, about three blocks from here. I have been a Leesburg resident since 1995. We began investing in Leesburg real estate in 1990 and have owned businesses, Brown Carrera properties, with my wife who is sitting back there, Maria Carrera, and with my daughter, Robin Frank. She, unfortunately, is not here, for the past 25 years. I am also a classic car buff and ten years ago, myself and others formed the Northern Virginia Rods and Classics Car Club with the express purpose of continuing a local car show that is approaching its 30th year next June. The show, formerly lead by others, including the former Mayor, Jim Clem, the Lions Club and others was in danger of ending when the former sponsors, another car club from out of the area stopped sponsoring it. We stepped in to ensure that the car show continued. The Northern Virginia Rods and Classics Car Club was formed expressly for this purpose. This show, which takes place the first Saturday in June every year is a charity event sponsored by the Northern Virginia Rods and Classics Car Club and the Leesburg Downtown Business Association. We have Gwen Pangle here, the president of the Leesburg Downtown Business Association. We also have a number of members of the car club and supporters. Can you hold up your hands? So, this draws thousands of spectators to Leesburg from all over the area. Although the show lasts just five hours, it draws as many people as any of the other events for a five hour period. All of the downtown shops and restaurants benefit from the event. It costs quite a bit of money and a lot of effort to put this show on. Our expenses include insurance, trophies, disc jockey, portajohns, printing, etc., etc. You know what goes on with the Flower and Garden Show and all these other events. Many local businesses such as the Battery Warehouse, Kelly Insurance, Interstate Moving, Star Buick GMC, 2 I Page COUNCIL MEETING June 23, 2015 Catoctin Automotive, Brown Carrera Realty, Hogan and Son Automotive, Merchants Tire and Auto, and many others assist us with donations to defray expenses and we appreciate the support we have gotten from the town. In the ten years we have put this show on, the town has generously waived fees that were formerly charged for events of this nature. The beneficiary is the Arts, Graphics, and Communications Department and the Auto Collision Repair Course from the Monroe Technology Center benefited this year to the tune of $10,000, $5,000 to each class. We have some representatives from the school back there. So, this money is used for scholarships, field trips, etc., to prepare for the show. The arts and graphics departments prints the flyers and posters and dash plaques. The auto collision repair course produces many of the unique trophies that we pass out. Both classes along with their teachers work very hard in collecting donations. If you have been to the show, you have seen them in action. You know it takes a lot of personnel just to cover all the entrances to the downtown area and ask for donations. The car club along with the school works hard all year to put the show together planning and passing out flyers and posters, soliciting support, registering and parking over 200 vehicles in a short period of time. We didn't have quite that many this past event because of the threat of rain all day long, but nevertheless we did collect a record amount of money. I am here tonight on behalf of the Northern Virginia Rods and Classics Car Club and the Leesburg Downtown Business Association to request that this event be made a town-sponsored event,just like the Flower and Garden Show, the Air Show, Acoustics on the Green, etc. We would like the same support as these other town sponsored events receive. That is, we would like to be featured in the publications put out—you all put these out twice a year. We are not in it. We would like to be in it. And we would like to receive all the other benefits that come with being a town sponsored event and we would like to continue giving the money to the school—the two classes that participate in it. I would be glad to answer any questions that anyone might have". Mayor: I think what we are going to want to do is probably have this on a work session. Kaj, do you think for discussion? I know that an initial staff question was whether the town legally—if it became fully a town event, whether the town legally could continue to give to Monroe. I think that is one of the great advantages, but maybe more of a partnership would be workable. So, we will put it on a work session and invite you to that work session and see what our options are for giving you more assistance. Brown: What is the difference between us and say the Flower and Garden Show and so forth. How did they get the town sponsorship and we don't have it? Mayor: The Flower and Garden Show is a town created/sponsored event. You could become that. You could become a town sponsored event, it is just on our town sponsored events, we don't generally raise money for other entities. Brown: I never knew where that money went for the Flower and Garden Show and the other events. I know that Acoustics on the Green doesn't bring in any money, I don't suppose. Mayor: They don't have admission fees, but I think the town wants to see this continue. This is a great show. It brings a lot of people downtown and they love it. We are 3 I Page COUNCIL MEETING June 23, 2015 going to try to figure out a way to perhaps help you more. Kaj will remind us of the limitations we have on current staffing that we may need— Council may need to consider more staff positions to manage all the shows we are working with right now, but we will make sure you get on the agenda so we can sit down and really look at all the options. Brown: One of the things that was mentioned—in fact, it was requested by the school because they have most of the students there that are out collecting the money. They felt that if we could get the booths—say the ticket booths that are used at the Flower and Garden Show, it would be easier to collect the money. I mean, it looks like an official ticket booth and so forth. I know that they are donations—we can't charge anyone but we were told by Parks and Recreation, but we were told that they are only available to town sponsored events. So, this is the sort of thing we ran into and I noticed that we don't get as many people from Parks and Recs assisting as the other events do. Anyhow I do appreciate any consideration you can give us. We plan on continuing the car show and it is a good worthwhile cause and we finally have a really great partner to work with. We tried a couple of others in the past and although they were very good charities, they just weren't able to give us the people power that we needed to collect the money. Thank you very much for your time and I'll be hearing from you regarding the work session. Harold Brown, 226 North King Street. I own Bachrach Photography—the world's oldest photographic firm at 151 years both here and in Manhattan. I had the opportunity to speak at a lot of art events and meeting the school and what they do, it is a tremendous benefit. If we can help these young people, give them a direction and also support them in what they want to do, I think it is a great cause. Especially in this day in age. When I was 16, I had no idea where I was going. I didn't know who I was going to vote for. That is a private joke via my favorite democrat. I think it is a tremendous advantage that you can help these young people off of a car show, which is also a tremendous event here in town. Anybody here been to the car show? There you go! Despite the fire this year, it has always gone off very well. In the event of the fire, these guys did a great job. We cleared those streets, got the fire trucks in. I think there were two cars that were actually in harm's way. I see no disadvantages to it and anything I can do to support it, I am more than happy to do. Joe Drumheller: I used to live in Leesburg in Country Club. Now I live in Beacon Hill. I just want to second what Bob, he also said. There is no downside for the town doing what we need to do. That's all I've got. Thanks. David Granger: I want to third what has just been said, or fourth what has just been said. The idea for the ticket booths out front for people getting approached for money that are not from this area, who are unfamiliar with the school, but yet they do dig deeper. It would be an even more successful show than it has been in the past. The word is getting out and the unfortunate events got it to be more noted. But, I just want to say that I fully think this is something that is really a good idea and the idea of the town backing it makes it even a huge event. Gwen Pangle: As the president of the LDBA and the cosponsor for the car show, I would just like to add my support to any support you could possibly give the car show, even if it just meant being able to use the booths and nothing more. I think it is a wonderful 4 I Page COUNCIL MEETING June 23, 2015 event and anytime good people are doing good things for the town and for the people here, I think we should try to support them all we can whether it is in part or in whole. Thank you very much for being open to the possibility of doing that. Carolyn Craig: Unfortunately, I do not live in Leesburg, but I am the president of Northern Virginia Rods and Classics Car Club and I would just like to add when we ask for the town council's help, we also would like to bring up the fact that the advertising in the town magazine would also bring more people and also kind of cement the fact that the town of Leesburg itself is behind the event and perhaps would encourage even more spectators which can only bring more to our town. Dave Williams: I am the collision repair instructor at Monroe Technology Center and I just wanted to ask for your consideration to make this a town sponsored event. This greatly helps our program here at Monroe and we really love having this car show and it is a great partnership and we would love to have more backing from the town. Monica Lopez: I am here to support Andrew Borgquist cause, so I am yielding my time to him. Andrew Borgquist: I am coming and continuing to speak on an issue that I have been coming and speaking about for quite some time. Basically, a large part of the reasoning that this has been so important to me is that I think openness and transparency, basically good governance is important in all facets of government. This should include how an application comes into the town and how it is processed and would also include all the employment matters that might occur in the town. My background is that I have been a town employee over 14 1/2 years. There was a point some time a little while ago now that I had a disagreement with a Town of Leesburg police officer and ultimately then action was taken against me based on that disagreement, but so I want to read a couple of things here just to give us an idea of where we stand in terms of this situation because you know there has been a lot of discussion about exactly what is permission, what is not permissible. As we are all fully aware, Virginia is an employment at will state and you can fire someone for any reason including no reason at all. Of course, that is not really true because there are federal protections that extend beyond just that. Ultimately that is not good governance. That is not an appropriate employment policy so that is not what the goal of the town of Leesburg is in terms of how we do employment. Just to give you a little bit of perspective as to what additional protections would be theoretically out there above and beyond this carte blanc any reason, including no reason at all. Justice Thurgood Marshall in Rankin vs. McPherson, this is actually a very old case. He said that vigilance is necessary to ensure that public employers do not use authority over employees to silence discourse. Not because it hampers the public functions but simply because superiors disagree with the content of employee speech. I am not a lawyer, so I am not going to sit here and say that maybe this is directly applicable to my situation though I think this illustrates the point which is that idea that employment at will you can fire someone for any reason or no reason at all does not apply and certainly not to a public employer and as a public employer there should be a transparency and again that I think should apply to all classes of employment within the town of Leesburg. So, with that in mind, if I can read real quick here from your Personnel Procedures Manual which of course is not a contract, again doesn't really mean 5 I Page COUNCIL MEETING June 23, 2015 much because really the only system in place to kind of enforce what would be considered a good policy would be the Town Manager, who holds other managers accountable and then the Town Council that holds the Town Manager accountable. So, there of course, unlawful acts and there are merit based principles and so one of these principles, Section 2.8, protection against reprisal. Employees will be protected against reprisal for the lawful disclosure of information which the employee's reasonably—notice reasonably, it doesn't even say you have to be right,just reasonably believe evidence is a violation of any law, rule or regulation, mismanagement or gross waste of funds, abuse of authority or a substantial and specific danger to public health or safety. Section 2.9 Protection from arbitrary action. Employees will be protected from intimidation, arbitrary action and personal favoritism or coercion for any reason. So, as you can see here the goal of the town of Leesburg is well above and beyond this whole we can fire anyone for any reason including no reason at all. So, I did have a situation. At this point, I have decided why not just be open and transparent as I can in terms of being in front of you guys, obviously. I have been very open and transparent with my communications with the town, but I will be open and transparent with everyone. Is that four minutes, meaning that I have another six? As it happens, what had kind of initially precipitated all of this action to move forward was Mr. Williams, who is actually sitting here today, chose to have a meeting with me. He wanted to discuss the disagreement that I had with this Town of Leesburg police officer. Mr. Williams invited me into this meeting. Mr. Allred, my direct manager, Jay Allred was also in attendance. Mr. Williams told me I was being suspended immediately and indefinitely. Gave me no indication whatsoever of when the suspension could be lifted. He told me I was not going to be told why and he told me I wasn't going to be told by who was saying things about me. He gave kind of cryptic responses when I asked him who is it you know about this disagreement from. He said it is not important that I know, why or how, it is only important that he knows. When I asked specifically, you know, what is it you think that I did—I don't understand. His response was that something happened, which cannot happen. Just this vague aura of something happened which cannot happen. Okay, that's kind of interesting. He said you don't have to say anything. This is done. Well, I did not stay quiet. I did say something because I believe— and I believe that is completely unappropriate. I don't see the appropriateness of that whatsoever. Furthermore, I basically outlined why I believed that my disagreement was valid, reasonable and ultimately why this was not proportional and had nothing to do with anything. I didn't really want to talk about it. You guys approached me. The town of Leesburg approached me. Rich approached me. I was not trying to go out there and say anything about anybody. I had spoken directly and personally to a town of Leesburg police officer. I had expressed my disagreement. That was done. I still do not see how this snowballed into what I consider a travesty of management. So, anyways, Mr. Williams, I did get a hand of his report. But, let me step up here a second here. So, ultimately after that meeting, Mr. Williams left me from the meeting with the idea that I was just being indefinitely suspended for who knows how long. No guidance whatsoever to how to lift that suspension whatever. I guess you consider it like I was being put on ice. I don't know. I requested—I called two days later to find out if I could still use the facility during my suspension since it was going to be this indefinitely forever period of time in which case maybe I could come back then and you know have the suspension lifted and Mr. Williams informed me that I had actually been fired. That he had changed his mind after that meeting, even though he had given me every indication the entire way throughout the meeting that it was only an indefinite suspension 6 I Page COUNCIL MEETING June 23, 2015 and that we could talk at some later time, which he gave no guidance whatsoever for that really. After being terminated, I requested my employee evaluation form. Good, good, good, good, everything good, good, good. Dismissal. The spot for reason for dismissal has been checked—other has been checked, but no explanation is given. Completely blank. So, you know obviously I did not agree with that and I was trying to figure out exactly what the situation was. I did end up doing a FOIA request and I got a correspondence between him and the then Town Manager, Mr. Wells, and ultimately I feel deceived by Mr. Williams and ultimately, this report, I do not believe is accurate. I take serious issue with it from more than one issue here. For one, he also additionally in this report does not mention who it was that had brought this to his attention—he just said it was brought to staff's attention. Well, no it wasn't just brought to staff's attention. Urn, I have since learned that it was Chief Price of the Town of Leesburg police department that brought this to his attention. It also appears that there may have been a disclosure of information that I have heard from many people in law enforcement that they are not sure it was appropriate. Is that final end of ten minutes there? I will tie up here pretty quickly. Ultimately so you know, trying to go through this at the very least you could sit here and you could say this appears wildly inappropriate. This does not appear to be in alignment with the goal of the Town of Leesburg of open, transparent, fair, honest, equal employment. But, let's assume he did it in a wrong way, but the ends do not justify the means. And so, even if you wanted to make the argument oh, well then ultimately he should have been suspended, maybe there was something he needed to be disciplined about, but certainly I have been given no merit based explanation whatsoever. I have attempted to have a meeting with then Town Manager Mr. Wells and I thought I was making progress because I was having a meeting with the Town Manager, Mr. Wells. When I went in, I said look ultimately I do not really know the specific reason for why this termination occurred. I would like you to give me—tell me. He said, no I'm not going to tell you anything. You have been terminated. That is my position. I consider that to be very hostile. I consider that to be completely untransparent. He gave me no real promises whatsoever and then he wanted to extend it out another three months before he made his final decision as to whether he was going to reverse the decision or not. Ultimately, he decided not to reverse the decision and in his letter, ultimately I see no merit based explanation whatsoever in his refusal to reverse the decision and I personally take issue with the response because I find it insulting. He said some very negative things about my character which I guess, if you have the power to say whatever you want without actually backing it up with substantial—unless you consider this coming to the meeting being someone who feels that it should—who will speak up. Ultimately I don't want to be here coming and keep talking about this. I just want the Town of Leesburg to do what's right. I believe there is substantial consideration that could be said that this was extremely inappropriate and if anything was to happen it certain was not this. So, you know ultimately I know that in the end of the day, how many meetings will I keep coming to. I would like to ask you, Madam Mayor. How many meetings—do you think this is right? How many meetings do I need to keep coming to before something will be done? Mayor: We can't answer that. This is your chance to speak. Borgquist: I understand that, but I don't....you are responsible for ensuring that it is appropriate practices and so if you are not doing it, then who is going to? Like I don't—and if Mr. Dentler won't stand up for correct practices, if you can't even from the podium 7 Page COUNCIL MEETING June 23, 2015 condemn inappropriate action or say that you know, stand up for what should be done, then I don't know where we are. Alright, I thank you for your time. You guys know how to contact me. I would love to have a discussion with Mr. Dentler. I think this is probably not the best forum for this discussion, but I have no access because I am the outcast at this point. Hamid Saghafi, co-owner Dulles Motor Cars. I am co-owner of Dulles Motor Cars in 107 and 109 Catoctin Circle. I have been an auto dealer business since 1990. Me and my brother, Kevin, we started a small dealership with everybody's help including you people, we have grown from 20-30 employees. Now we are about 140 employees in our two dealerships. The reason I am here is to discuss the situation with the skate park which is either going to get remodeled or maybe removed to a different location such as the school or maybe Ida Lee Park. There may be some shared interest between my business and maybe rescue squad with the previous discussions that we had, they were needing for more space because they are kind of—their space is very tight. We talked to a gentleman from the rescue squad a couple of years ago and they are very interested to see if something can be worked out between the town, the rescue squad and us and the skate park. So, basically, I have a concern first and maybe a suggestion. The concern is the skate park—if it gets remodeled, the town has budgeted 100s of thousands of dollars and it will remain where it is which is between a very business intersection of Catoctin Circle, Route 7 and Harrison Street. We have seen in the past 25 years the children—kids —coming through the dealership through the lots, not mentioning the damages and whatever, because I have three kids myself so I have never raised a complaint against the kids and children so they are having fun, but we want to see what works best in the best interest of the kids, the rescue squad, which I think is very important and we might have some interest to share part of the land that is owned by the Town of Leesburg. I would like Council Members and Madam Mayor to consider this issue may not have come up in the past that it could be other interests and could be safety issues involved. Whatever the outcome is, I am going to support it, but what would be the best to everybody's interest, that could become a win/win situation for everybody should be considered. We will entertain some kind of offer to purchase the property and probably donate a portion of it—not probably—donate it to the rescue squad once we meet again, hopefully, it gets to that point. I believe it is three acres of property, but I talked to the gentleman from the town two years ago, that's what he said. There is a value, but part of it is buildable, usable. This is a raw property that the town was using it for a skate park and a portion of it for bringing their equipment and stuff. So, the town actually is kind enough to let us use a portion of it for our employee parking, which seems to be a win/win situation because the growth of the employees. So, we will entertain an offer that we can play around, talk about details and see if we can work something out. If that is possible—fine. If not, we are going to continue doing our business and thank you for your support. The Petitioner's Section was closed at 8:19 p.m. Marantha Edwards introduced Kindra Jackson, Business Development Manager. Kaj Dentler introduced Mike Goodrich, Finance Operations Manager. He announced that Bob Berkey and Aref Etemadi are retiring at the end of the month. 8 I Page COUNCIL MEETING June 23, 2015 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Burk, seconded by Council Member Butler, the following items were moved for approval as the Consent Agenda: a. Sole Source Procurement for Badger Water Meters RESOLUTION 2015-070 Authorizing the Purchase of Water Meter Register Heads from Badger Meter as a Sole Source Procurement and Authorizing the Town Manager to Procure the Register Heads b. Sole Source Procurement to Aclara for Automated Meter Reading(AMR)System Replacement RESOLUTION 2015-071 Authorizing the Purchase of Meter Transmitting Units from Aclara as a Sole Source Procurement and Authorizing the Town Manager to Procure the Units c. Performance Guarantee and Water and Sewer Extension Permits for Compass Creek Commercial Center Phase I(TLPF 2014-0023) RESOLUTION 2015-072 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Compass Creek Commercial Center, Phase I(TLPF 2014- 0023) d. Fiscal Year 2015 Supplemental Appropriation for the Parking Garage Mural Project RESOLUTION 2015-073 Approving a Supplemental Appropriation for Donations of up to$14,000 from Private Sources to Leesburg Commission on Public Art for the Parking Garage Mural Project e. Contract Approval for the Skate Park RESOL UTION2015-074 Awarding the Contract for the Redevelopment of the Skate Park to Spohn Ranch, Inc., in an Amount Not to Exceed$500,000 f. Contract Award for Network Switches Replacement Project RESOLUTION 2015-075 Awarding the Contract for the Network Switches Replacement Project to DISYS Solutions, Inc., in the Amount of$298,79760 9 Page COUNCIL MEETING June 23, 2015 g. Office Lease at the Leesburg Executive Airport Terminal RESOLUTION 2015-076 Awarding a Lease to Atlantic Airways, LLC,for Suite 10 in the Terminal at the Leesburg Executive Airport h. License Agreement between the Town of Leesburg and Loudoun County for Telecommunications Facilities in town Right-ofWay RESOLUTION 2015-077 Authorizing the Town Manager to Execute a License Agreement between the Town of Leesburg and Loudoun County for Telecommunications Facilities in Town Right-of Way Aye: Burk, Butler, Fox, Dunn, Hammier, Martinez, and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Special Exception Application for Veterinarian Clinic at Village at Leesburg The public hearing was opened at 8:25 p.m. Delane Parks gave a brief presentation of the application for a veterinary clinic as a special exception use in the Village at Leesburg. Key Points: • Applicant is requesting a special exception to allow for establishment of a veterinary hospital to be located in the Village at Leesburg. • Will be located next to the Orvis retail store. • Will be completely enclosed with no outdoor activities. • Applicant will provide soundproofing including double wall construction and sound mitigating material in the exterior of the use. • Applicant will provide a regularly serviced outdoor pet waste receptacle. • Conditions to deal with noise control, odor control, and limitation of outdoor activities and waste disposal to ensure no adverse impact. • Proposed use generates less traffic than by-right retail uses. • Planning Commission recommended approval. Council Comments/Questions: • Dunn: Has the applicant agreed to all the conditions? Applicant answer: Absolutely. • Dunn: So, they are all agreed to, ready to go forward. We want your business to grow. You want your business to grow. Do you see possibility of additional space using at the current location. Applicant answer: I actually represent the shopping center. Currently what we are leasing to them is a 2600 square feet. Potentially we could speak on 10 I Page COUNCIL MEETING June 23, 2015 expansion, but I don't believe so. With their space plans they have now, it is what you see. Their kind of sweet spot is between about 2500 and 3500 square feet so they have chosen this amount as the correct amount for their business. I don't believe from my point of view, currently, there is no sort of expansion inside of Leesburg within five to ten years. • Dunn: And I guess for staff, are there any limitations should they want to expand? Would that require them to have to come in for another special exception? Staff answer: Actually the advertisement is for the square footage listed on the application, which is the 2400 square feet, so if they did want to make some sort of significant expansion, we would have to consider that it does not fall within the ad requirements. • Dunn: That would be just for this ad. Are they limited for expansion— would they require another special exception to expand sometime in the future. Staff answer: It would. • Burk: I just want to comment on the fact that you got a 5-0-2 vote from the Planning Commission. That says a lot. I don't foresee there being any problems with this. • Hammier: I do have a question. I know that it is going to be fully enclosed and as you are taking care of hospitalized patients, it is not anticipated that the dogs or any pets will need to go outdoors ever? They are just going to be self contained and the waste will be taken care of? I would think if they are going to be there overnight, they would need to go out and get comfortable. Applicant Answer: I am Stephanie Forman, I am a veterinarian with the Banfield Pet Hospital. It is our policy that within the pets that are staying with us for the day— and we don't hospitalize pets overnight, so that is not a problem. We do have two runs in the back of our facility where we can let those pets go out for a walk. In the rare exception that a pet does need to be walked, and again we make that an exception for the pets that are healthy and can be double leashed and make sure that they are safely walked outdoors, but it is the exception. We do have the runs in the back of the building. The runs are inside the building. Other: What I was telling Ms. Hammier, what we are passing around now is the space plan for the space. There are two dog runs in the back of the space, which are roughly about 20 square feet each. Mr. Parks had referenced those in the applicant and that is where the animals would be able to have an open area to go throughout the day and that was also what Mr. Parks had referenced in terms of keeping them clean and mitigating any smell issues. • Fox: Just one quick question. Is this a 24 hour facility? Will there ever be overnight pets there? Applicant answer: No, it is not. 7 to 7. No, it is not our policy. Every now and then, we will have a declaw that does need to be —a healthy pet that is stable to stay overnight, but that is routine with the other practices that we have. 11 Page COUNCIL MEETING June 23, 2015 • Fox: So, I would assume then that you would have a staff person there overnight as well, even though it is 7 to 7? Applicant answer: No, we have no staff overnight. • Fox: So the pets would be there by themselves overnight? Applicant answer: That is the one exception and we very rare do declaws. If that is the concern, we can definitely address how we will address that. • Mayor: I know that at the Planning Commission, a similar question was raised and it was the position of legal counsel that we are not to base our vote on how you run your business. All we are dealing with is the use and Barbara, you can correct me if you need to. • Hammler: I understand that we have veterinary clinics within sort of mixed use strip mall oriented shopping centers, so why does this require a special exception? Staff answer: The zoning ordinance says that when you have a vet hospital because of the different types of factors involved with a vet hospital that can create an impact on adjoining uses, whether they be residential or non- residential—noise, odor, those types of things so there are conditions built into the system that you have to consider, and the Planning Commission as well. There might be a situation where a use goes in and it creates an impact on the adjoining uses. So, that leaves it up to the governing body to determine what is appropriate. • Hammler: We can take this offline. It just strikes me that there is probably more streamlined ways to deal with this in terms of enforcement if certain things aren't adhered to that are part of just basic practices that are accepted. But, thank you. There were no members of the public wishing to address this public hearing. The public hearing was closed at 8:41 p.m. On a motion by Vice Mayor Burk, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2015-078 Approving TLSE 2015-0001, Village at Leesburg, Veterinary Hospital, Suite Q105, located on Property Identified as PIN Number 149-28-0023 The motion was approved by the following vote: Aye: Burk, Butler, Fox, Dunn, Hammier, Martinez, and Mayor Umstattd Nay: None Vote: 7-0 b. Batch Town Code Amendments The public hearing was opened at 8:42 p.m. Barbara Notar gave a brief description of the proposed code changes: 12 I Page COUNCIL MEETING June 23, 2015 • Five amendments in the batch. • General Assembly code changes are not included in the batch. • Changes to the language of the duties of the Leesburg Economic Development Commission o Attract and recruit new businesses. Delete the word "desirable" because it is a subjective term. o Clarify Duty #6, that they help identify and pursue sources of public and private grant funds. o Recommend policies and practices for the retention and expansion of existing businesses. • Change Technology and Communication Commission roles to delete oversight of franchise agreements. • Add two uses allowable in parks —radio controlled aircraft under certain circumstances with permission and petting zoos. • Expansion of the Arts and Cultural District to four parcels across the street from the existing district. Council Comments/Questions: • Dunn: Under the EDC,just a question on #6, why would we want to limit private funds to grants? Like when we accept any private funds. Jim Sisley: I don't believe the change was meant to exclude if someone wanted to donate, but that the Economic Development Commission would pursue grants, more specifically. The request was made by one of our members —one of the appointees. We had a fairly robust discussion about it. Again, it is not meant to exclude donations, more particularly that the Commission would not be out in search of individuals to give either the commission or the town money. And that the more appropriate type of research or activity from an economic development commission would be that we would seek out grants from those individuals that advertise grants as available—whether they are private parties or public parties. • Dunn: I know that one of the things that has been on the EDC wish list for decades has been a grant writer dedicated for the town. It is still there? Sisley: I think every commission wants a grant writer. • Dunn: Could I possibly suggest that so that it doesn't give the impression that we are limiting other private funds, that we say public and private funds to include grants. Sisley: All I can represent to you is the recommendation that was discussed, voted, and approved by the Commission. I am not at liberty to take action. • Dunn: We are. Sisley: Yes, you are. • Dunn: I would just— only because I think that the way it is worded gives the impression that is it public funds—just what it says —it says funds that are public and private grants, but I would like to make sure it stays open to things other than just grants. So, if Council is willing to add those two words, public and private funds to include grants, it is just rearranging the words and adding two more words to it, would be my recommendation. 13 I Page COUNCIL MEETING June 23, 2015 Staff answer: That seems reasonable to me. • Mayor: If the Economic Development Commission doesn't want to be tasked with looking for non-grant funds... • Dunn: But that wasn't what you said though—you said you were open to funds. You would like to look more for grants, but you would take funds anywhere you can. Sisley: Let me be clear. The discussion was that the task of the Economic Development Commission was more appropriately to pursue public and private funds from grants and not from individuals. • Dunn: So, you don't want any private funds other than grants? Sisley: It is not necessarily the desire to exclude private funds. I believe you would hear from the Town Attorney, and I am not going to speak for her, but that the town is very capable of accepting private funds as it has in the past, but that the task in question is that of the Economic Development Commission and again it was discussed broadly and decided by the members of the Economic Development Commission that they wanted the language changed to be more specifically identifying towards grants. • Dunn: Okay. Why take off#12? Sisley: You are talking about the town-wide events? • Dunn: Yes. Oh, then you don't want to be at the ticket booth. Sisley: It is not so much a personnel thing as it is looking at what economic development needs to do. That is not a core task. What is a core task is elevating of conversations, raising awareness, so that people become interested in our jurisdiction and then interfacing with those businesses and facilitating their entry into our jurisdiction. And that's a full time job. We would like to pay more attention to that and less attention to the non-core activities, not that we wouldn't be involved. I understand that there are times, and we love our partner in Parks and Rec. They have done phenomenal work with us, especially during a couple of recent events, but town-wide events might be more appropriately an activity for another department rather than Economic Development. Notar: I apologize. Reading this over again, number 6, I think it should stay with just grant funds. I am going to disagree with your suggestion. Here is why. I have had many conversations —because commissions are not supposed to fund raise. That is why they have fundraising arms. I think this was to clarify that it is grant funds that they can accept with no problems. • Dunn: On number 10, prohibited uses in the parks—I did have a little concern on this, Rich. I heard what you said that this is saying it is prohibited, although there was a caveat that if you come and ask, it is not. If that is the case, I think it should be stated, plus what I am seeing here—this paragraph seems to be dealing with primarily fireworks and things that would be considered fireworks and to put radio controlled aircraft—I know we had an issue with the radio controlled drones—we had concerns there, but I am just concerned that I go out with my sons and want to fly a Styrofoam electric powered airplane, which I did take it out to Balls Bluff Elementary School backyard and the first time we flew it, it ended up in a tree, so it is gone. But 14IPage COUNCIL MEETING June 23, 2015 we do have another one in the closet. My concern is that this is for any park in town, correct? Staff answer: Correct. The way that the code was originally written and is in place today is that any of those activities—launching fireworks, missiles, etc., is not permitted without a permit from the director. The previous town attorney had ruled that model aircraft could be defined as missiles. So, we have had a successful program for the past number of years that you would secure a permit and we would designate a certain portion of Ida Lee Park specifically that you could fly your model aircraft. In that area, we would take into account what activities are going on around it, so if we have got soccer games going on, for instances, we would not grant a permit for you to fly the model aircraft. It is typically done in the area where we launch the fireworks. All that this code change, by adding model aircraft, it was just providing greater clarification to the citizens so that they would know if I am going to fly model aircraft, the average citizen may not know that would be lumped under a missile, so it spells it out for them so that they would know that they should secure the permit and get with us first. • Dunn: And is this only at Ida Lee? Staff answer: Pretty much the only place I would—I could see realistically granting a permit for this would be at Ida Lee. It is the only park we have large enough to accommodate this type of activity. • Dunn: But if somebody wanted to—it does include all parks? Staff answer: It does include all parks, but if somebody went to Foxridge Park and flew a model aircraft without a permit, technically they would be in violation of the Town Code. • Dunn: Okay. And you are saying model aircraft, but you mean to say radio controlled? Staff answer: Yes, I'm sorry. Radio controlled aircraft. • Dunn: That's your main concern. Rubber band powered is okay. Staff answer: Correct. It was clarifying the terminology so that the citizen would know what we are talking about. • Butler: A couple of questions. Back on #10, I would recommend a couple of changes in the wording. The way it is worded now, I have two problems with it. If there is an aircraft that is remote controlled, but is not remote controlled by a radio - that would be permitted. I am not sure that is your intent. Also, the way it was worded, implies that it is only radio controlled missiles that are prohibited, whereas, if you have a missile that is not radio controlled, that would not necessarily fall under here. So, I think leaving a comma after the word "aircraft" or what would be, I think, more appropriate is to have that line read "explode or throw any fireworks, firecrackers, rockets, torpedoes, missiles, or remote control aircraft of any kind in any park without permission of the director". Would that be okay? The other question I had is do we have a copy of the June 23, 2015 Arts and Cultural District Map? Have we been sent that? Staff answer: Yes, it should have been... 15 I Page COUNCIL MEETING June 23, 2015 • Butler: Is it in there and I just missed it? Because I didn't think I saw it. Maybe I just missed it. Staff answer: It should have been posted to Sharepoint. • Butler: Maybe it was in the previous meeting's....no? Staff answer: It is missing from Sharepoint. But there is a new map and it would be dated today so the date would be in the Town Code. So, we have a new map that adds that little four-parcel piece on Liberty Street. • Butler: Okay, I think it would be helpful if we maybe could get that map before we vote. Staff answer: I apologize. • Burk: Just if we are talking about the four parcels right across from where it ends on Liberty Street, then I'm okay. Staff answer: That was all that was added. • Burk: That would be my only concern, but I would like to vote on it tonight, if possible to get this process started. Staff answer: I could send you all the map. • Hammler: Rich, my questions are for you too. I know you specifically used the word "petting zoos". Can you just give an example of a request that you have gotten to bring non-domestic reptiles, because I also want to reference an important email we got in reference—in fact the only email that we got about this raising concerns about that. Staff answer: Typically, we have had requests from groups that are either renting a pavilion or renting park space for either a birthday party or maybe a company picnic, whatever. And they have requested either having some pony rides where the children are walked around by ponies or actual petting zoos coming in for the kids to pet bunnies and chickens or what other type of animals that are non-domesticated. By code, we could not grant that permission to that rental group to bring those into the park. All this code change would do is allow us to evaluate it and if it was—you know, they weren't bringing any dangerous animals into the park, we could then allow— it allows us to control the environment in which it comes in. • Hammier: So, at the pavilion at Ida Lee, by the park, the playground or Foxridge,just those types of pavilions where it would be a private party and they would have the opportunity because they are renting it for a short period of time. Staff answer: Right, some groups have asked instead of bringing a moon bounce in, can they bring pony rides. We wouldn't be able to grant that currently because they are non-domesticated animals coming into the park. • Hammier: Okay, I would like to reference though that we did get this email for our consideration from Mr. and Mrs. Grunewald on Chesterfield Place. "Petting zoos have a horrible reputation for maltreatment of animals that are manhandled and bored." It went on talking about please do not consider petting zoos in our parks. It also said a drone in the park, really? That's a terrible idea. We recently had a drone flying and hovering over our neighborhood and it really freaked people out. So, the email was very much objecting to us even considering this. Certainly, if you read the staff report 16 I Page COUNCIL MEETING June 23, 2015 and the actual language in the code, I think it alleviates the concern, but I think we could have done a better job in terms of how we communicated this to the public. Staff answer: I spoke to Mrs. Grunewald as well as Mr. Grunewald on this specific issue. They had a misunderstanding as to what exactly was being done with the code change. Unfortunately, the way the original article was written, there was a little confusion as to what really was taking place within the code change and the rumor mill started festering. • Hammier: I can totally understand that. That's what I wanted to clarify this evening because it is rather straight forward when you look at the language. It is really adding controls —you officially have the authorization and will control/limit it. But I do think the key point about say remote control aircraft. You mentioned soccer games as something you might consider, but there are those that really enjoy Ida Lee being passive and not having any sort of noise. You know how I feel about cell phones in the gym. Just that there are opportunities to get away. I hope that you would keep that in mind. I am going to support this and I appreciate your clarification, but I think that needs to be an overarching goal for the passive section of the park. Staff answer: Absolutely. That's why we only have the area where the fireworks are launched as the area that we designate for the flying of the aircraft. • Fox: The only thing that I see and the only problem I have is the petting zoo issue. I have seen petting zoos on private land/private property and you know, private events and things like that, which I think is totally fine, but I have an issue —or I think it could be an issue if there were undomesticated animals on public land and it would keep people away in certain parks or some children might be afraid of this animal or that. I just don't know if it is the right forum to have a petting zoo. I have a little bit of a concern about how it would be manned, I suppose. What kinds of conditions would we put in this permit to make sure everything is okay. There were no members of the public wishing to address this public hearing. The public hearing was closed at 9:02 p.m. On a motion by Vice Mayor Burk, seconded by Council Member Dunn, the following was proposed: ORDINANCE 2015-0-012 Amending Chapter 2(Administration), Article V(Boards and Commissions), Division 2(Specific Boards and Commissions), Section 2-221(Leesburg Economic Development Commission), Section 2-228(Leesburg Technology and Communication Commission), Chapter 26(Parks and Recreation), Article II(Park Rules, Sections 26-24(Prohibited Uses of Parks), Section 26-26(Behavior), and Chapter 7(Arts and Cultural District), Section 7-2(District Boundaries and Date Established). 17 I Page COUNCIL MEETING June 23, 2015 Council Comments: • Dunn: I think these are good going forward and I think dealing with the aircraft and petting zoos, that we can rely on staff to administer that properly and I would think, too, that as far as petting zoos go, parents can be the judge of that. I don't think they want to bring mistreated animals in and just to give a blanket statement that because it is a petting zoo that those animals are mistreated, that has got to be on a case by case basis. I say let the folks have their airplanes and their petting zoos. • Hammier: I'd just like to say we've come a long way with the Tech and Cable Commission. This is a great new beginning. I remember very, very long nights and a lot of very unhappy customers when we only had one provider and now with competition, low and behold all of those problems have gone away. So, Tech Commission, thanks—the edits on their mission. • Fox: The only comment I have, I'm okay with most of this. The only problem I have is with the petting zoo piece. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, and Mayor Umstattd Nay: Fox Vote: 6-1 11. RESOLUTIONS AND MOTIONS a. None. 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL MEMBER COMMENTS: Council Member Dunn: I will just be very brief. I'm sure everybody is going to say the same thing, but I appreciate the first responders for the fire that we had downtown. It really gives you great appreciation when you realize how close our historic downtown can be literally historic—you know, part of history in the past tense. It just doesn't take much and it is great to know that those folks were there to help preserve our downtown. That's all I have. Council Member Butler: Just a couple of little things. Congratulations to all the graduates in Loudoun County. I had a son who was in a band who got to get up at 6 o'clock in the morning to go and play at the Loudoun County High School graduation. Although, he said we got to play the same song over and over and over again, which is normal for graduations. He did like the speaker, which I presume you will mention. Smokehouse Live, the ribbon cutting, that was great. It is a cool, new place. I hope 18 I Page COUNCIL MEETING June 23, 2015 everybody goes and checks it out. It is big—bigger than I thought, but that's okay. Leesburg has its own honky tonk. That's a good thing. I hope all the Fathers in the audience had a good Father's Day, I know I did. That's always fun, although it is never quite as much of a splash as Mother's Day, now is it? But that's okay. I don't really, because it makes it easier to go out to dinner because it is not nearly so crowded as it is on Mother's Day, so that is an advantage. I hope everybody here has a good July 4th. I will be out of town, as usual for July 4th as my folks always have a big party with all our friends and family, so I 'Ube there and hope everybody here has a great one. Vice Mayor Burk: I just have a few things also. The ribbon cutting at the Groove Music Shop was really delightful. Suzanne was there and you were there. It was a student I worked with at Blue Ridge, so it was great to see him again as he is beginning his new endeavor. That's really exciting. The Sunflower Shack ribbon cutting—well, that is an interesting place. It is just really worth going and taking some time out. As for the Steakhouse Live, I only hope the press does not get ahold of the pictures, because boy did we look silly with our cowboy hats on. I want to congratulate the preschool graduates from Paxton. They had a graduation ceremony and I stood in for the Mayor. It was delightful and they all ended up dancing on the middle of the lawn. Finally, I would like—I would like to obviously thank Fire and Rescue for all of their work. If you think that the town's buildings are over 200 years old, the potential for that fire to spread and take out many more buildings was so possible that it is really scary when you think about it, but because of their efforts, it most certainly did not happen and we really appreciate that. Last, I would like to congratulate AH&T Insurance because they are the only company that was listed in the Washington Post Magazine as the top work place in 2015. They were the only Leesburg place that was listed, is what I was trying to say. They came in 47th, but I think we need to work on getting a couple more in next year. Congratulations to them for being a top small work place. It is quite an honor. It is really great. Their employees must like working there. Council Member Martinez: I apologize missing the Smokehouse ribbon cutting. Fire and Rescue—another good reason to have them here is their quick response and knowing our neighborhoods. Glad to see us honor them. Also, graduation—my grandson graduated alongside the Mayor's daughter—not unfortunately valedictorian, but he did graduate. He will be going into the Marines in about a month and a half, but not to Yale. Congratulations, your daughter was phenomenal and she did a great job up there. I'm just sorry that she did not mention this Council as being an inspiration. It was a wonderful graduation. I enjoyed it and we had a nice friends at the house. It was a great celebration for us. Council Member Hammier: I have a couple of disclosures. On the 15th a group of us, staff, Kelly, a couple of key commissioners, Dieter and Jim Sisley prepared for what is going to be the performing arts meeting on the 29th with Peter Levine from the Levine School of Music and Bill Reeder from George Mason. So, will report back after that. Thank you all for joining that meeting. This evening, Suzanne and I met with Shye Gilad from ProJet. He is going to be reaching out to all Council Members, so very much hope you will make time to meet with Shye and our specific request—I don't know the dates that you were planning to distribute the RFP for the FBO but we would request that stay on hold 19 I Page COUNCIL MEETING June 23, 2015 until we all get a chance to debrief, meet with Shye and, you know, communicate a little more about the issues. I want to chime in and congratulate, Chris and Jim, the owners of Smokehouse Live. It really was a really fun ribbon cutting and event. Jim is a phenomenal barbeque chef, so it is a great restaurant, great music venue and I think it is going to be a lot of fun. It is at the Villages at Leesburg. What I also love is the garage doors that open and you can dine on the street. It is just going to be a wonderful venue and I am already hearing great things from so many people who are enjoying going there. Speaking of food, I keep hearing great feedback from people who would love to have food trucks at things like skate parks and dog parks, so I look forward to that coming back. Like all of us, I wanted to thank all of the first responders. I was such an honor to see them all in Town Hall this evening. But, what I was most struck by was the teamwork. Just all these units from all over the region coming together so quickly and I have mentioned this before, but I know there was just a lot of teamwork throughout town and it just shows how much we truly care about each other and Marty mentioned Kristen and Kelly being there to help move drums and musical equipment. Just glad it wasn't a tragedy, but it brought out the best in us. I also wanted to congratulate our very special graduates. Kendrick—just so very proud that she was valedictorian and heading off to Yale—following in her mom's footsteps. We thank her for all of her sacrifices having you here for the many years —you know, we have watched her grow up so it has been amazing. Marty, I sure hope, because I went to graduation last week for my nephew and what I loved was they also asked not just the honor roll students to stand up, but anyone who will be serving in the military to please stand up. I hope he had the opportunity to do that. We are really proud of Eric who will be heading off to the Marines. And just one last plug—to please citizens take a look at a Open.gov. It is a great opportunity to look at detailed financial information in terms of transparency in our operations. More on that from the Tech for promotions. Finally, looking forward to July 4th Council Member Fox: Just the one disclosure. I did meet with Shye Gilad tonight as well, but I don't have a disclosure form, so I need to get that from you. Congratulations to Kendrick. Very, very happy for you. Very, very happy for her. I did get to go to the ribbon cutting at Groove, as Kelly alluded to. She really helped form a really impressive young entrepreneur. That is really neat to see. I was quite impressed with him. I just wanted to say welcome to Ms. Jackson and Mr. Goodrich, our new town employees. It will be really neat to get to know them too. Congratulations to Mr. Aref with his retirement. I've nothing else. 16. MAYOR'S COMMENTS I guess Suzanne knows there was a great benefit concert at the Birkby House for the folks that lost their belongings in the King Street fire. Todd Wright was there even though he has been shut out of his new space because of the fire. He was there playing. Gary Smallwood was there. I didn't get to stay for the whole thing, but I know Suzanne you were there for a good bit of it and all the musicians did a really wonderful job. Stilson was there. Thanks to Eyetopia—Paige Buscema for helping to set it up as well. By the way, I think it is this Saturday night, our Acoustic on the Green concert is Todd Wright, as I recall. So, everybody come out Saturday at 7 p.m. We will be on the Town Green. That's the side of Town Hall that is on Market Street. If it rains, we will go inside into the basement. The concert will go on regardless of weather. I would just like to congratulate all of the 20 I Page COUNCIL MEETING June 23, 2015 graduates. Kendrick, good job and thanks for putting up with this Town Council for so many years, especially Kelly Burk. Congratulations to Eric for graduating and Suzanne, I know that Savannah is coming up — is it next year? And then Dave's sons are going to be graduating in three years. We've got some time. Dunn: My son graduated, Shelby. He graduated from Tuscarora. He will be going back there for two years so while everybody is sitting there. I don't know if you were at Tuscarora or not, but they were singing the goodbye songs and I am sitting there dry eyes. For once, I have a dry eye at graduation because he will be back there, but he went through the process of going through graduation with his classmates. He was very proud to get his diploma and he liked the pictures. It was nice to see, but we will still be there for a few more years. Thanks for letting me share that. Burk: I also met with Shye Gilad today. I forgot to mention that. 17. MANAGER'S COMMENTS Mr. Dentler had no comments. 18. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 9:17 p.m. -'111, � ►, —,� . roam'is e C. Y mstattd, Mayor Town of Leesburg ATeS : Clerk of . • 2015 tcmin0623 211 Page