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HomeMy Public PortalAbout2015_tcmin0922 COUNCIL MEETING September 22, 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 Planning and Zoning Susan Berry Hill, Director of Economic Development Marantha Edwards, Director of Parks and Recreation Rich Williams, Assistant Town Manager Tom Mason, Director of Public Works and Capital Projects Renee Lafollette, Management Analyst Jason Cournoyer, Senior Engineer Anne Geiger, Senior Planner Michael Watkins and Executive Associate I 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 members present. 5. MINUTES a. Regular Session Minutes of September 8, 2015 On a motion by Council Member Butler, seconded by Council Member Dunn, the regular session minutes of September 8, 2015 were approved by a vote of 7-0. 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Martinez, seconded by Council Member Hammler, the meeting agenda was approved after deleting Item 9b, by the following vote: Aye: Burk, Butler, Dunn, Fox, Hammler, Martinez, and Mayor Umstattd Nay: None Vote: 7-0 7. PRESENTATIONS a. Proclamation—Young Marines Red Ribbon Week On a motion by Council Member Dunn, seconded by Council Member Butler, the following was proclaimed: PROCLAMATION Young Marines Red Ribbon Week 2015 1 I Page COUNCIL MEETING September 22, 2015 WHEREAS, The Young Marines is an educational and service oriented program for young girls and boys, ages eight through the completion of high school that promotes the mental, moral and physical development of its members; and WHEREAS, Red Ribbon Week was established to commemorate the service of Drug Enforcement Administration (DEA) agent Enrique "Kiki" Camerena, who was murdered in the line of duty in 1985 while engaged in the battle against illicit drugs; and WHEREAS, Red Ribbon Week has been nationally recognized since 1988 and is now the oldest and largest drug prevention program in the United States, reaching millions of young people each year; and WHEREAS, The Young Marines encourage everyone to demonstrate their commitment to a healthy, productive and drug-free lifestyle by participating in Red Ribbon Week. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Council endorses the Young Marines and their commitment to drug abuse prevention and living a healthy, productive drug-free lifestyle. PROCLAIMED this 22nd day of September, 2015. b. Proclamation Presentation—Blood Cancer Awareness Month and Lymphoma Awareness Day The previously proclaimed Blood Cancer Awareness Month and Lymphoma Awareness Day Proclamation was presented to Mayor David Leake and Council Member Joe Pasanello of the Town of Haymarket. PROCLAMATION BLOOD CANCER AWARENESS MONTH 2 I Page COUNCIL MEETING September 22, 2015 September 2015 LYMPHOMA AWARENESS DAY September 15, 2015 WHEREAS, Lymphoma is the most common form of blood cancer and the third most common cancer of childhood; and WHEREAS, more than 80,000 new cases of lymphoma are diagnosed each year in the United States, including 1,900 in the State of Virginia; and WHEREAS, a cure for lymphoma can only be realized through advanced cancer research; and WHEREAS, awareness and education are powerful tools in the race to find a cure for lymphoma; and WHEREAS, the health and vitality of the people of the State of Virginia are significantly enhanced by local efforts to increase communication and education pertaining to blood cancers; and WHEREAS, the Lymphoma Research Foundation offers a wide range of support services and programs for people with lymphoma, their loved ones and caregivers. WHEREAS, Lymphoma Awareness Day helps to raise general awareness of the disease and provides hope to all those affected by a lymphoma diagnosis; and THEREFORE, BE IT PROCLAIMED by the Mayor and Council of the Town of Leesburg in Virginia that September is Blood Cancer Awareness Month and September 15, 2015 is Lymphoma Awareness Day in the Town of Leesburg and all citizens are urged to support the efforts to find a cure for these diseases and to offer support to those who have been affected by them. PROCLAIMED this 8th day of September, 2015. c. Presentation: Mason Enterprise Center Susan Henson, Director, Mason Enterprise Center, gave a presentation on things that are going on at the Mason Enterprise Center. She noted that the Center houses 42 businesses and 34 virtual offices —for a total of 76 companies. She stated the Small Business Development Center has relocated to the Mason Enterprise Center, which will offer tenants another resource to help them grow their businesses. Council Comments/Questions: • Dunn: It was my understanding that after the initial period that the enterprise center was going to be self sustaining and that the contribution that Leesburg 3 I Page COUNCIL MEETING September 22, 2015 would have to provide would no longer have to be there. Is that your understanding? Henson: I was not here when that particular understanding was happening. I believe that there was some discussion about that at the previous opportunity, but an incubator program like the Mason Enterprise Center, is the kind of entity as a public sector entity, not a private sector, you know, venture based or private sector funded incubator that will never be completely self- supporting as long as we are supporting economic development within the community. Now, if we took the model and had some investors come in and take equity in companies and begin to take some ownership—I don't know what the division of that is, you know, maybe that is a different model. We are looking toward this year creating a robust sponsorship program so that we will be able to bring in some additional funds, but we don't ever see the community contribution going away. It is certainly minimal and has not grown over the past four years. In fact, it has actually reduced since the initial investment in 2008. You know, if there was talk of that in the past, I wasn't part of that conversation. In my research across the nation with our national organization, any community based incubator program that there is out there is really not ever completely not receiving some public support. • Dunn: Mason is a public university, so in an essence it is getting public funding all the way along. Henson: It is but in terms of servicing the local community needs, we really need to have community partners help support the financial obligations and to be able to really create a program that serves the needs of the local community. You know, if Mason was, you know, all in, I guess they would probably they would probably say well let's turn it into an academic location and educate students. While we want to fold them into the process that we have with internships, we really want to keep this facility focused on economic development and the community needs. • Butler: Thanks for the update. It seems that this has been mildly successful. The one thing, to expand on what Tom said, if we are 100% leased—have you been 100% leased for a while or is that a new thing. Henson: No, it has been a while. • Butler: In other words, I might say that if you are 100% leased all the time, then are you charging enough. Have you done a pro forma to see what would happen if we increased the rates to a certain amount so that the public contribution is lower or non-existent? What would happen to the model and all that. It would be interesting. Henson: The challenge is we are above commercial market rates for those incubator companies anyway, so we just went through a rate of 3% increase, so our leases increase 3% every year and so we then are passing that increase along to our companies. If we raise the rent very much more, we are going to be prohibitive to the mission of the organization, which is to support and grow small companies. So, we have looked at that. The challenge that we have—our facility is an educational business support community. It is not just an office building where you rent an office, so that we have much more common space than you would get in a normal office building. We also have 4 I Page COUNCIL MEETING September 22, 2015 staff that are there to help program and help consult with the businesses to make sure that they are growing and so we have some cost structure there that you would not have in a normal commercial office space. So, there are some costs that we have that are not exactly [inaudible] and we are—and I work very closely with the town in terms of cost and how much the lease is and how much to pass along. What is appropriate, so we charge not only what the rental space would be but we also charge an additional fee to accommodate the business services. Is it going to ever fully fund the overhead costs that we have? It won't without additional support. If we just had to pay the rent on the building, would the rents maybe cover it? Maybe. But, that would be a building with offices that are being rented. It wouldn't be a business incubator. • Burk: Thank you. It is always interesting to hear what is going on over there and how successful you are. But, I do have a question, if we are so crunched for space, how come there are some companies that have two locations at the center? Henson: Two offices? Yes, there is a couple of companies—two different companies that have two offices and that has just recently happened and that does often happen just before they kind of get ready to graduate. Both of those companies are coming up in this next year of their third year. As long as they aren't taking up more than two offices, we really like to be able to accommodate that. If you can get a company to a certain size, the likelihood that they will continue to be successful is higher and so if we can kind of keep them in the fold a little bit longer, we feel like we are accommodating the needs that we have. Those companies that we are referring to have two of the larger offices in the facility and so many of the companies that we have coming in will need smaller investments in spaces, so wouldn't be able to rent a full space anyway. So, dicing it into five offices, while you can accommodate a lot of companies, each lease you do adds to cost. So, if a commercial real estate business likes to rent the whole building to one company or a whole floor to one company, someone would have to manage all those leases. So, we do many times divide an office into more than one, but with these two particular companies we feel like they are growing at the right rate. Custom Software Systems in Leesburg had about 2 1/2 offices before they graduated out a couple of years ago and they are doing very well and are a great community supporter. So, on a case by case basis, we kind of look at the situation. • Burk: All these companies have a three year period. That's it. They are in and out in three years. Henson: For the most part. We do have two companies that are providing some service to the organization—in other words, they have taken leadership of a particular program that we have. There is one company that is not at three years yet, but he may stay a little longer than that because he is leaving our internship program and we have another company that is doing some research projects for companies on kind of a pro bono basis and these are companies that have small offices. So, on a case by case basis, we like to make sure that we keep the balance in the facility—the mix right. In other 5 I Page COUNCIL MEETING September 22, 2015 words not all of one type of company. We want to make sure that we have support services. • Burk: So, how many companies would you say have been there longer than three years? Henson: Right at this moment in time, there are none. There is nobody that has expired their three years. Well, we have [inaudible] who is graduating in October. • Burk: I'll take your word for it if you say that. Alright. Thank you. Thank you very much. Henson: Off the top of my head I am pretty sure and I usually have a pretty good feel for who is there. The thing probably is if we had a really long waiting list, there would be another decision that we would make on that, but at this moment in time, I have one company on the list that is looking for a particular space when it comes open, and we have another company that will [inaudible]. So, far so good. We are rolling them in. • Burk: I don't have a problem if companies stay longer, but you have repeatedly said that after three years they move on so I just wondered if that was enough time for a company to get started and move on. That seems pretty quick. Henson: And it most certainly is. • Martinez: Well, I appreciate our guests from Haymarket hanging around, watching the way we do business. The only thing I got is you [inaudible], you said$100 million? Henson: I'm sorry. That's a big difference. • Martinez: So, it is a $1 million. Only a million. • Hammler: Thank you, Susan. Great update. It is wonderful to see how entrepreneurial you are about running such a great entrepreneurship program. I guess, a couple of quick questions. When you say greater than $35 million in revenue increases and more than 150 additional jobs —what is the base or are you basically just saying we have $35 million in revenue from the companies and 150 jobs? Henson: Since they moved in, whatever they were at at the point that they moved in—additional. • Hammler: Thank you for clarifying that and I would really appreciate a copy of the power point so I have it for reference. • Fox: About three hours before this meeting I hit Kaj, Marantha and Susan with about six or seven questions. Sorry about that. But they have been asked and answered. Thank you so much. I just wanted for the record, wanted you to state that the county has some interest in this enterprise as well, correct? Henson: Oh, absolutely. • Fox: And they contribute greatly to it as well. Henson: Absolutely, [inaudible] for the organization. The other point, related to those community funds, is the SBDC program also receives funds through the SBA and those funds are community matched. So, the county, some of that comes through the town but the big portion of that then provides 6 I Page COUNCIL MEETING September 22, 2015 the match that we need for the SBA funds. So, we get close to $80,000 from SBA to support the Small Business Development Center. d. Leesburg Arts Master Plan (Commission on Public Art) Tom O'Neil, Chair, Commission on Public Art, stated in working with the Friends of Leesburg Public Art, it became apparent that a Master Plan would be a good idea to create a coherent approach to projects. He described the draft Master Plan and requested that Council give input. Council Comments: • Dunn: Very good report and something I had thought of. I'll just throw out to you and you can do what you want with it. Along the lines with your donated art 5 x 7 for $50, there might be other folks like myself who have art in my house—I've got signed and numbered prints that are rolled up and sitting in a corner. I have just never gotten around to getting them framed, but there may be others who could donate art and then you all could maybe sell it at the Art Show or do an auction. Other ways to raise funds but you might also consider finding out if folks would like to donate other types of art that you can sell. • Burk: The show is this weekend. You most certainly can connect with them. • Dunn: If they want to. Let me know. If you want to sell it, I've got it. • Butler: Alright, if I see a numbered print that Tom donated, I'll buy it. Anyway, thanks for the presentation. I loved the 5 x 7 guys. I have a couple of those at home. I think it was a really great event. For some of the performing arts groups around, the Council does do a matching grant for money from the state. So, I would encourage, maybe as part of the budget process we can include some money there for a matching grant that would be related to this but the one that we missed out on because we don't contribute any money. I think at least putting some money in there shows, you know, support/endorsement by the Council. To put no money in, I think some will perceive that we are not very serious about it and I would certainly like that to change. • Burk: I am delighted to see this come forward. I love your graphics by the way. They were so much fund. Is that right? Obviously, I think this is very important and I am glad that you are putting it together and that we are getting it together and I want to commend all of you. I mean you are all volunteers and the amount of time and effort you guys have put into this to bring the idea of a mural from an idea to almost fruition and then the park— the statutes in the park and then your fundraising ideas —I really appreciate all of your efforts and I agree with Dave that we do have other matching grants that we ought to consider doing the same thing. I was speaking with someone that started Reston—was one of the first developers of Reston and he was telling me the second thing they did after they created their plan for the town center was to create an arts plan. If you go there, there is quite a bit of art because they thought about it and they were committed to it and so I'd like to see the town do the same thing. Thanks. This was great. 7 I Page COUNCIL MEETING September 22, 2015 • Martinez: I wouldn't expect anything less of a presentation than what you gave. Thank you. I appreciate you being here and I am looking forward to helping with the town plan—with your comprehensive plan. • Hammler: Thank you for the report and as [inaudible] from a graphics perspective, that is the best power point I have ever seen up here. So well done. I loved it. It was really entertaining. I also would echo just a big thank you for all of you for sharing your talents. One thing I appreciate you also thinking about are policy recommendations you can be bringing to Council in the interim. I know we may want to look at say the mural regulations around town that may encourage private sector and where they may be able to encourage things like murals. I visited a beer garden venue in downtown and what was the big attracter there was they had in fact on the building put this huge Marilyn Monroe on the side and it has really become their logo and a huge attracter so I would like to see how we can really engage the commercial sector and get private citizens involved and along that line I had to give a big shout out to Sue, who is unbelievably talented and did the stained glass window in my home so there are so many ways we can all embrace your wonderful talents. The other recommendation is reach out to the Loudoun County subcommittee that is working on nightlife. They are specifically really delving into how they can create more arts and even arts and cultural districts around the county but that may be just an opportunity to network and so some more fundraising because it is really getting a lot of attention around this idea of getting more people involved in again nightlife and things that we are already seeing in places like Reston. Thank you so much. • Fox: Thank you for your presentation. I think it was wonderful and I was wondering—I know we are going to discuss this a little bit later, but who came up with the idea to paint the snow plow blades? The snow plow blades [inaudible] —oh, did he really. That was my only question. • Mayor: Thank you for mentioning the bridge banner because Hannah, the little girl who's idea it is just emailed me and asked what she should do to try to promote this idea so I just told her that you had mentioned her idea at the Council meeting and I have invited her to see if she could come to one of your upcoming meetings to explain her vision, but that would mean a huge deal to her that you took the time to mention her idea and let us know what we can do to move forward with that, if the Commission decides it is a good idea. 8. PETITIONERS The Petitioner's Section was opened at 8:27 p.m. Jay Greeley: It has been a long time since I have taken this podium, but I wanted to thank the folks at the incubator. I didn't want to tell her, I think I have been there for about five years, but I took a two year broken neck time off—they have kept me alive and I have my mail box there and we are maybe 24 hours away from our first contract, so [inaudible]. The real reason, I am here tonight—my name is Jay Greeley and I live at 1209 James Rifle Court. I think I have been here for over— since 1993, so it is over 20 years. I have reached this podium maybe three times, but it has always been for volunteers and I want to thank 8 I Page COUNCIL MEETING September 22, 2015 these guys right here for what they do and the reason I rise to speak to each and every one of you is how important our volunteers are to our rescue unit that we have here in Leesburg. We probably have the best rescue unit—well, they didn't save my neck, but they sure helped me get to the hospital. In case any of you don't know, I had this really long military career jumping out of perfectly good airplanes 14 times, landing on my 6 point contact—your head but you are supposed to not do it once [inaudible]. Seriously, these guys are great. I have a lot to [inaudible] and I want to express to each and every one of you that we need these volunteers. Volunteers means taxpayer dollars being used to the best because we are training them and they are helping the community and they don't charge. What little we do pay them is pennies on the dollar. So, one of the most important things we can do as citizens is to support them. I have a problem and it was clarified for me before I got up here —I wanted to make sure I had the facts straight, but one of the facts is that they are being held back. They are being held back by training. So, not to point fingers at the city, the county, the state, or whatever. Let's just put it this way. We need to train these volunteers. We need to encourage the volunteers. We need to make sure that the county provides the time, space and equilibrium in their quest to become good servants. They are the kind of servants you want. They are not there with their hand in the pocket. They are there with their hand held out to help. Think about that. I think they had over 4000 bus rides last year and they are almost going to 50 this year. I had the correct number, but I can't remember it. So,just one too many jumps. Seriously, that's the reason why I rise. I would like each of you guys—thank you for what you do. I am here to ask that the mayor or the staff request the county to give an accounting for how they are going to train our people in this city to do their job instead of saying well we can't put you on there. You just came off the battlefield, you are a combat ready medic. You have treated more soldiers. You have done more things, but you are not allowed to drive this truck. Are you kidding me? Anywhere else they can go across the river and go down here to another county, they can do everything. I just have a real problem with people putting— I like the training. They need the training. Let's do it. But let's do it smart and let's make it fair to where the volunteers get the same thing. So, with that being said I want to hear what you have to say. I yield my minutes back to the chair. Mi Ran Powell: Thank you for allowing me the opportunity. I apologize, I will quickly to try to make my five minutes. My name is Mi Ran and I am a resident of the Town of Leesburg for almost 11 years. I live at 119 Shana Drive. I represent myself, the individuals who were here last night as well as others. I am an actress and model and therefore have a personal understanding of the way women are portrayed in the media and the use of the female form. I was disappointed last night at the comments made specifically by some of the male members of the Council as well as the Zoning Administrator specifically and it is for this reason I have come tonight unprepared as I am to address some of the comments that were made, but first I would like to read some excerpts from an email I sent Council woman Suzanne Fox yesterday in preparation for the meeting. That a small town tourist shop like Leesburg in the heart of one of the richest, most diverse and well educated counties in the nation is on its way to becoming known for a one-stop fetish shop catering to 50 shades of gray acolytes and there is nothing that the tax paying citizens can do because of an oddly interpreted obscenity law is simply wrong. Laws are supposed to protect the citizens and we have heard about the obscenity laws, is there not one for indecent exposure that would include symbols or simulations such as mannequins. Is there 9 I Page COUNCIL MEETING September 22, 2015 not a more appropriate, G-rated, family friendly way to advertise this type of shop that allows for all types of citizens, all ages of citizens, to enjoy. King Street is not in Baltimore. Not in New York City, LA or Manassas. It is the main thoroughfare that parents use to take their children to Ida Lee for classes. It is a destination town for shopping and taking in restaurants for families. It is not yet the college town that Mr. Devine hopes it will become. Le Tache is on one of the most prominent corners of the town where children cannot avoid being exposed to inappropriate images. It mocks the very laws housed in the courthouse across the street. I could go on ad infinitem about the negative messages it sends to my 15 year old daughter—that this is what she should strive for to be a sex object stared at lewdly on the street corner. That the world only wants one thing from her in the end—that she is vunerable. It is this kind of negative message to my 13 year old son that society approves of looking at women in the most menial of objectified of ways that is feeding the international epidemic of rape, torture and sex trafficking of young girls and women. It begins with the desensitization of society and the eventual cultural acceptance of such views. It is any wonder that the incidence of anxiety, depression, eating disorders and other self harming behaviors are more rampant among girls than boys? I would urge you to more seriously consider the impact that the accepted use of these images has on young people today. What people do in the privacy of their own bedrooms is their business and that is where it should remain in their bedrooms, not uncensored. Not on public display and impossible for citizens of all ages to avoid. It is also my right as a mother and woman to enjoy a safe and respectful town environment and have a voice in the very town that takes my tax dollars that is not representing the welfare of my family. If I have over gone my time, I will stop. I have three statements that were mentioned last night that I would like to address. It is for my children that I am here. That is the job of the generation that goes before to ensure that their future is not in jeopardy of being sold for the profit of an unscrupulous [inaudible] which is what I feel is being done to this town. A small town in America symbolizing the decline across this country. Councilman Butler, you chose to go against the town council sending a letter to the owner of La Tache because you said the town council should remain neutral. I don't believe that any of you were voted into office to remain neutral to the issues. I would appreciate further clarification of what that means. Furthermore, any emails that you have received from the public, especially the citizens of Leesburg that condemned the window displays, I feel you have an obligation to share with the owner as well as the property owner. Regarding Councilman Dunn's suggestion that we simply avoid patronizing the shop, that we close our eyes and pretend that this isn't there. That we cannot picket—that we remain silent. That we keep the status quo is what brought us to this place today—whips around the necks of scantily clad women because that is what they are. The mannequins are symbols of women. Citizens have been complaining about the shop from the beginning when it came to my attention, I did send an email to you about the shop and there was no response. When one of the members of our group that was here last night, when I asked her what she could do two years ago, she was told by a friend of yours to remain silent and it would eventually go away. Silence for me means that I avoid driving through the Town of Leesburg, shopping in the Town of Leesburg, going to restaurants in the Town of Leesburg, bringing my children to the Town of Leesburg, bringing my husband to the Town of Leesburg and even stopping [inaudible] at that traffic light so I can avoid viewing a shop that offends my sensibilities, that challenges my desire to not see those images. I am an adult. I can do that to protect myself and my children. But at what cost to the town, so that it can cater not to its taxpaying citizens, but outside groups specifically 10 I Page COUNCIL MEETING September 22, 2015 seeking an adult entertainment store in the heart of horse country. There is a reason why Middleburg does not have shops like this. There is a reason why the town of Upperville where I am thankfully moving remains a sleepy town with few shops because it requires the approval of the town's people to open a business there. What of the children? We heard a lot about juveniles last night. What about the younger children? Do you think I am the only family who has taken such severe measures because Leesburg is not a family friendly town anymore. It is unfortunate that Leesburg has other sensibilities. Finally, I have already mentioned the negative effects of the excessive use of the female form in this way on young girls and boys. Your response and the response of the zoning administrator are perfect examples of desensitization. The minimizing—the reduction of women and girls to a piece of plastic. Le Tache is a known advertised adult entertainment store. It is not a Victoria's Secret. The key word is adult. My children are not among those who are dropped off at the mall and allowed to run wild without adult supervision because your town of Leesburg is not the same venue as a shopping mall. The mannequins used by Le Tache make it stick out like the ugly eye sore that it is in the heart of town and they are impossible to avoid without avoiding the whole town altogether. If zoning approved it as a lingerie store, I would think the town has been deceived and tolerance, it goes both ways. Connie Graham: Thank you. This is my first time doing something like this, but I felt it was important to be here. I was here last night as well with Ms. Powell and I represent myself. I represent my husband and I represent my five children ages 11 as of today through 22. Three boys and two girls and also feel like I represent posterity through them—that is future posterity. Discussing the obscenity laws that were brought up last night, I would like to share my concerns about the window displays at the Le Tache adult lingerie store and how they affect my family and in my opinion, the community of Leesburg. Ms. Powell said everything that I wish I could say beautifully. But, I do agree that those displays objectify women and they send a real bad message to girls about their bodies, to boys about the girls that live around them. I believe it encourages improper treatment of women and girls and it encourages a disrespect that I am sad to see this happening more and more in our society towards women. Last night, a comparison was made relating this store to Victoria's Secret and I have to say I don't live at the mall. I don't have to go to the mall. I can avoid going near those stores at the mall that may have lingerie. There are images that I object to in newspapers and magazines and last night it was brought up that we are surrounded by these images and we can't avoid them. However, I can avoid purchasing a newspaper or a magazine that may have these images so they are avoidable. There are risque and improper and inappropriate images on TV and in movies, but I have the choice of going to those movies or turning on those TV shows. However, in the heart of my town where I have lived for 15 '/2 years now there is a store that has overtly sexual and inappropriate displays in their windows. It is a major thoroughfare that provides one of only two ways to travel north from our neighborhood. I forgot to mention that I live at 105 Cedargrove Place in Greenway Farms. Today is my daughter's 11t birthday. I should be and wanted to be home with her. But, I felt it was important enough for the wellbeing of my daughter to come here tonight and advocate for a healthier environment for her, an environment that sends her the message that she is not a sex object. Last night, finally, it was discussed that there are trends in society and even the courts are trending in certain directions. I want to say that just because things are trending in a certain direction does not mean they are going in the right direction. 11lPage COUNCIL MEETING September 22, 2015 Doris Kidder: Madam Mayor, Madam Vice Mayor and Members of Council. I am Doris Kidder, resident of Leesburg here to speak on behalf of the arts and skateboarding. I know we just had an art presentation on the agenda, but I just wanted to remind you that though the town established an arts and cultural district, it is virtually invisible. Art needs an identity in Leesburg. We need signs or banners or flags letting people know letting people know that we have an arts and cultural district and we need art that is visible. I am going to give you a couple of ideas. One, we could start in the town parking garage, which you know is gray and dark. We could—it is a blank canvas. We could have each school in Leesburg be given a wall in the garage to decorate, to brighten with bright colors and we need an information kiosk in the garage so people know where they are and where they can go. Now, with this idea, this was brought up some 20 years ago by a former planning director and it never went anywhere. Actually you guys could just give permission to staff to dig up that idea and resurrect it. It wouldn't cost you anything to do that and the same way with the garage walls— ask staff to bring forth some ideas for you to consider. So, those were my ideas about the art. I will just end up with my favorite quote from the Virginia Commission on the arts—there is an $8 return for every one dollar investment. Okay, now I am moving on to skateboarding. I have asked [inaudible] to come up and help me. Wanetta Langley. The August 3'cover of the New Yorker magazine featured a skateboarder. [inaudible]. This was the August 3'cover of the New Yorker Magazine. You will see a skateboarder soaring above the traffic in Manhattan. I think it is a great photo. Thanks, Wanetta. Here is the next one. On September 4th, the Washington Post had a double page photo of a skateboarder announcing Kennedy Center Surprise season opening, which was creation of a temporary skate bowl on the front plaza. Did any of you see that? The Kennedy Center actually constructed a skate bowl in their front plaza to have combination jazz and skateboarding going on this week for the opening of their season. It was a wooden structure— 30 pieces. The bowl will have a permanent home in the district. So, that's that and then I have one more, if you will just bear with me. This was a September 14th, again in the post on the front page of the Metro section. Again, skateboarders are featured on the Washington Post. So, here is my point. Skateboarding has become mainstream. I think it is pretty important that is happening and as such it deserves to stay front and center on the main street, where it is on Catoctin Circle, which is plainly visible as a town attraction. It is accessible all local residents and via the bike path to all Northern Virginia. Thank you for bearing with me for my presentation. The Petitioners Section was closed at 8:50 p.m. 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. Performance Guarantee and Water and Sewer Extension Permits for Walmart#1904- 05(TLPF2014-0027) RESOLUTION 2015-100 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Walmart Store #1904-05(TLPF 2014-0027) 12 I Page COUNCIL MEETING September 22, 2015 b. License Agreement for Public Communication Facilities in Public Right-of-Way RESOLUTION 2015-101 Authorizing the Town Manager to Execute a License Agreement Between the Town of Leesburg and NOVEC Solutions, Inc.for Telecommunications Facilities in Town Right-of Way c. Commission on Public Art Project to Paint Town-Owned Snow Plow Blades RESOLUTION 2015-102 Authorizing the Commission on Public Art to Approve Art to be Painted on Town- Owned Snow Plow Blades d. Awarding a Contract and Sole Source Procurement to Refurbish the Sand Filter Facility and Equipment at the Water Pollution Control Facility by Aqua-Aerobic Systems, Inc. RESOLUTION 2015-103 Authorizing the Execution of a Contract Between the Town of Leesburg and Aqua- Aerobic Systems, Inc.for Refurbishment of the Sand Filter Facility and Equipment at the Water Pollution Control Facility;and Authorizing a Sole Source Procurement for the Project and Authorizing the Town Manager to Procure these Services e. Making An Appointment to the Commission on Public Art RESOLUTION 2015-104 Making an Appointment to the Commission on Public Art—Cameron Orndorff The Consent Agenda was approved by the following vote: Aye: Burk, Butler, Fox, Dunn, Hammler, Martinez and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. None. 11. RESOLUTIONS AND MOTIONS a. Renewal of Memorandum of Understanding—Mason Enterprise Center On a motion by Council Member Butler, seconded by Vice Mayor Burk, the following was proposed: RESOLUTION 2015-099 Authorizing the Mayor to Execute a Memorandum of Understanding between the Town of Leesburg and the Mason Enterprise Center-Leesburg Council Comments: 13 I Page COUNCIL MEETING September 22, 2015 • Dunn: Just briefly, as mentioned earlier, it was my understanding that the town was going to support funding for the center up until this point and then at this point, they would support themselves. It is obviously not the case. Just to point out a couple of numbers. You often talk about the county paying their fair share. The town paying$66,000 compared to the County paying$177,000—we are paying about 27%. If you look at the numbers, the town pays in taxes in and population to the county, we should be paying about 12% of that. But, again at this point I think we should be relieving ourselves of having to pay anything towards the enterprise center. I think—I am guessing the budget of George Mason is bigger than the budget of the town of Leesburg. Just a guess, but I would think that it is. Also, I think that the enterprise center is absorbing more costs, but I am not sure because it didn't get mentioned when they decided to take on the SBDC, it sounded like there was a cost there, so that cost is an additional cost, one that it sounds like we are having to pay for that wasn't planned. So, I wish we weren't having to pay this. It looks like we are going to go forward with it anyway, but I would like to hope that next time around that the enterprise center is able to support itself. • Hammler: I will firmly support a continued partnership with Loudoun County and George Mason. What I think is really important to understand is what a force multiplier this investment is. We provide services all over the town. You can look at Balch Library—we provide a service. We provide parks and in many cases we don't get any return on investment relative to direct revenue and we are getting—there has already been$35 million in direct revenue generated,jobs being created which means presumably property is being acquired—personal property taxes, perhaps real estate taxes. We know that the businesses are statistically staying in town and I think it has been a remarkable and tremendous kind of poster child for this great partnership bringing in a university. We were trying to bring a university prior to this — spent millions and millions of dollars trying to do that, but this was our big hit getting on first base being able to bring in the type of services that Mason has brought in the center. So, I fully support this and just wish it continued success. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Fox, Hammier, and Mayor Umstattd Nay: None. Vote: 6-0-1 (Martinez absent) b. School Intensity Factors On a motion by Council Member Dunn, seconded by Vice Mayor Burk, the following was proposed: RESOLUTION 2015-105 To Update the School Capital Intensity Factors Previously Approved through Resolution 2005-111 14 I Page COUNCIL MEETING September 22, 2015 Council Comments: • Dunn: Just briefly. These are funds that are directed by the county and funds that in turn go back to the county for county schools that happen to be located in Leesburg and at this point we don't have any hard factual concrete reason for charging extra so I think we need to fall in line with the county funds versus risking possible litigation. • Burk: Well, this is a complicated issue. We have the county coming to us — in our resolution we say the Town of Leesburg was requested by the Board of Supervisors in 2005 to consider adopting the County's proffer guidelines for the school capital construction, whereas the town adopted the per unit factors for single family detached and the county updated per unit school capital intensity factors December 2014, so we have the county telling us with the schools that they would like us to collect a certain amount of money. And as much as I would absolutely love to collect more money for the schools, I'd love to have that as something we could do, I don't see how we can legally do that when we have no justification or even idea what we would—what the schools would spend the money for. I am a huge supporter of schools, school funding. Again, I would love to be able to put that money—to keep it at the higher level, but our own resolution says that we are doing what the Board of Supervisors requested of us and what they are requesting is not as much money as we had previously asked for. So, that is why I seconded this because I don't know how we could possibly say to anyone coming in to do business in the town, we are going to charge you more than the county is asking for. We don't have anything to do with the schools. We are not sure where the money will go, but we are going to charge you more. So, I think we are on really shaky ground by doing that kind of thing. I do question—I would like to add a number 6 that we put some wording in there that talks about that after we receive assurance from Loudoun County that the funds are going to be used for schools in Leesburg, that we authorize the collection of those proffers and then when we get them, they go to the County rather than—I don't think it is specific enough in here telling us how the money is going to get there. I think it is important to come out and say that we—you know that the funds will be used for schools in Leesburg and that they are authorized to collect them and we are going to transfer those to the county in a very timely manner. So, that would be something I would like to see added to it. As much as I would like to ask for more money, I don't see how we can do it. Until someone can tell me how we as a town, who have nothing to do with the school system, can ask for more money than the school system is asking for, that the county is asking for, I don't know how we can sustain that and defend it. So, that's where I am stuck. • Martinez: I think Kelly said it well enough. • Hammier: I agree with Kelly's reasoning as well. We are doing this begrudgingly for so many reasons I have already mentioned, based on what seems reasonable to me with even the recent discussion about all of a sudden new policies like all-day kindergarten, that could very substantially change this sort of equation in terms of you know capital dollars needed to achieve some of the policy you know priorities that the community is going to be 15 I Page COUNCIL MEETING September 22, 2015 asking for and that it sends a message that we are basically creating additional incentives for residential development by lowering the school capital intensity factors. That being said, I agree with the fact that both Tom and Kelly had mentioned which is that we have to be in alignment with the county just based on the research and methodology that they brought forward to the table and my other frustration is that we did not pass our own study and certainly will look forward to still figuring out how the staff can get involved in the overall capital intensity factors for the town. Just look at the next ordinance that we are passing—you know, proffers in terms of you know contributions to fire and rescue for example and our police aren't being represented. So, I think we have work to do, but I will have to begrudgingly support what is on the table with this motion tonight. • Fox: Thank you. I have a couple of questions related—no initial comments. Is it okay to go with questions? According to the staff report, there is precedent that we have trusted the county in the past when it comes to the CIF. So, I am wondering if the reason we are questioning it this time is because of a decrease instead of an increase? Is that the general feeling here? Okay. I was also wondering why down further and no geographic area restrictions—it says here for the updated resolution staff does not recommend retention of Section III in resolution 2005-111. I was wondering why the staff does not support retaining that. I wasn't clear on that. Staff answer: The 2005 resolution was fairly specific about when proffer money is collected in a portion of Leesburg and the children from that development will go to, say it's Loudoun County high school, but there are no projects in the school and county CIP for Loudoun County High School, then we can't spend that money any place else in Leesburg. The 2005 resolution was very limiting in terms of that. Now, rather than building schools, the school board is really looking at programs to continue maintenance or provide additions or doing other things in terms of capital construction in Leesburg, so we want to be able to be as flexible as possible to direct that proffer money that we collect to the schools in Leesburg and the projects for the various schools in Leesburg, not just where the school children may be districted. • Fox: Makes sense to me. Is there a wording that is going to replace this wording? Or is it just going to be stricken? Staff answer: I think the resolution just directs that the money be used for schools in Leesburg. • Butler: I won't be supporting this resolution because I think it encourages residential development and yeah, we can't legally require $21,000 a house. We can't really legally require $19,000 a house either. So, some of the concerns that I have are it doesn't seem to be that there is no methodology when they calculated the new numbers but there are some pieces of methodology that concern me. One, for instance is that the school board— the county estimates the total population of growth for the county on a county wide basis, which is about 2.5%. They don't break it down specifically by subarea. Some of that part, you can let it go and say it doesn't really matter because if we need to spend more money on schools in Leesburg then they 16 I Page COUNCIL MEETING September 22, 2015 expect then they will get money from somewhere else because we just are not going to have the money to give them so it's just too bad for them. But, a bigger concern is that the subareas that the capital intensity factors come into place is just Leesburg whereas it doesn't match the subarea for the schools, which is—the subarea goes north and south. So, the capital intensity factor equations assuming that there is going to be one more elementary school in Leesburg. The school board equations don't call that out specifically. You can't find one elementary school in Leesburg. They do it by a larger region, which like I said goes up both north and south of Leesburg, so the new schools may or may not be in Leesburg depending on where the kids are, where they find land, where it might be deeded through developments or whatever. Another concern is that, for instance, the reason why the number went down significantly in Leesburg primarily is that with one elementary school—it assumes one elementary school is going to be built. It assumes no middle schools and no high schools. So, therefore, what it does is it takes the total amount of capital money that a kid would use going through school and it takes 6/13 of that because the child would spend six years in elementary school and the other seven years, middle school and high school— it doesn't take that into account so that's basically free because they don't expect another middle school or high school to be built within the planning zone of the estimates. So, that's great, but what that means is one of two things— either currently our high schools are at half capacity that would be able to fill up a certain number of children over the next coming number of years or kids in Leesburg would be placed in a high school outside of Leesburg and it would be those regions whose proffers would be higher that would be paying for additional middle schools or high schools. It is all kind of complicated, but what it turns out to be is because they have done it by these subareas and these subareas don't match each other, that it is very likely that every two years, the proffer numbers could change radically because let's say in six years that for some reason there would be another high school in Leesburg, well then our proffers are going to go up a lot because we are all of a sudden going to be factoring in a high school in there, so it might go to $35,000-40,000 for a couple of years as opposed the $19,000 that we have now. So, I have concerns about the methodology and I think what it does when it is low, it is going to encourage more development and then it is going to encourage more schools and then a new school is going to [inaudible] then the proffer numbers are going to go way up so it is going to discourage development. So, it is all going to work out in the end over a long period of time. But, I have concerns about it and I think that Leesburg—I am concerned about such a significant drop in proffers, but the bottom line is that I don't really care that much whether it passes or not because over a long period of time, it is all going to come out in the wash and they are going to update it every two years so I just hope that if the numbers change radically every two years that they adjust their methodology to take it into account and that's probably a much longer answer than any of you in the audience [inaudible] but I thought it would be interesting for Council. • Mayor: Thanks Dave. I thought you made some very good points. 17 I Page COUNCIL MEETING September 22, 2015 • Dunn: Thanks, Dave, you brought up one of the points I was going to make, which was the fact that if they change it, we will change right along with it in just a couple of years. Just to put in a little bit of perspective. A 1000 unit development, this is $10 million. We don't have any 1000 unit developments on the books. Anything close to that, right Suzanne? And that$10 million a development is very, very small. That's a drop in the bucket to a developer. Ten million dollars is ten million dollars. But I don't agree that this is going to encourage development. I don't think that we are going to have a lot of folks showing up at your office, Susan, saying that now that we have lowered this they are going to come in and put in a huge development. This unfortunately does not work that way. It takes a lot more, so. I think we are okay. I think that as Dave said when the county says that we have to raise it, we will raise it and move on from there. Thank you. The motion was approved by the following vote: Aye: Burk, Fox, Dunn, Hammler, and Martinez Nay: Butler and Mayor Umstattd Vote: 5-2 Vice Mayor Burk asked for clarification as to whether her change in the wording to indicate that school CIF money will be used for schools in Leesburg was accepted. It was noted that language was not included as it is part of the process that is already in place. c. Police Appreciation Day On a motion by Council Member Dunn, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2015-106 To Recognize Thursday, October 15, 2015 as Leesburg Police Appreciation Day Council Comments: • Dunn: I just thought that this would be a good way for us to say thank you, especially to our thin blue line that is here in Leesburg with so much of the negative press and negative actions that we see going on in many parts of the country right now, I thought that this would be a good way for us to just say thank you to our officers for having a day set aside just to say thanks and offering them a very small token of gratitude by inviting them to a meal before or after their shift and Kaj, we are going to have the families on that too? Staff answer: Yes, they are invited. • Dunn: And when you are a first responder, it is not just you, it is your families because they have to live with your decision every day and they don't have as much say in it. You guys would know more of that than I do. I am glad that we are able to also invite the families in and I want to thank Kaj and the Chief for really pulling this together. They actually have some great ideas that I think we may be able to build on in the future and hopefully even bring 18 I Page COUNCIL MEETING September 22, 2015 in some corporate sponsorship that could help with that and really make it a nice day for the families. • Martinez: I just agree with Tom and I was glad he brought this up and we were able to make it a reality. • Butler: I agree, this is a great thing. I look forward to attending. • Burk: Fine, great. Ready to support it. • Hammler: I will enthusiastically support. It gives me the opportunity to say thank you to all of our police officers who work 24/7 to keep us safe. I appreciate it. • Fox: I agree 100%. Anything that we can do to show them that we appreciate them, I think is a good idea. Thanks for bringing this up, Tom. • Mayor: Very good idea. Our police officers exercise tremendous restraint every day, are extremely responsible individuals and members of the community. We already have a corporate sponsor, John Marshall Bank, is very interested in donating to this cause. So, good idea. • Dunn: Once every six years I'll do one. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Fox, Hammler, Martinez, and Mayor Umstattd Nay: None. Vote: 7-0 d. Skatepark On a motion by Council Member Martinez, seconded by Vice Mayor Burk, the following was proposed to move the skatepark to the gravel lot next to its current location: RESOLUTION Approving the Physical Location for the Redevelopment of the Catoctin Skatepark Council Comments/Questions: • Martinez: I don't think I need to beat this to death. • Burk: I am going to beat it a little further. I think—I appreciate the Rescue Squad's input in this and I understand where they are coming from. They most certainly need more room and I am glad we will be able to provide them with that, but I think that moving it over to the gravel lot is where it needs to go at this point. It is walkable. It is close to the trails. It is close to the rescue when they break their arms. The town owns the land. In the future, you know, this has been here for ten years. It had to be redone—ten years from now, we will have to look at it again to see where we are. But, it serves a part of the town that is underserved now and I think it is really important to leave it in the location where it is located and it is known that it is there. I think that by moving it to the park, I think we end up with it is not walkable any longer. It can't be lit, so it won't be useful in the winter and the fall. The Parks and Rec does not want it at Ida Lee. So many of the recreational amenities are on that side of town and I think, as I said 19 I Page COUNCIL MEETING September 22, 2015 before, I think the other side is underserved, so I most certainly would like to see it stay where it is and just moved over to the gravel lot so that the rescue squad could expand and we could keep the park there. Council Member Hammler offered a friendly amendment to accept the contribution of the Fire and Rescue as directed in their letter and follow-up email that would be the differential between the original amount allocated and the amount it will take to move it to the gravel lot. It was clarified that amount is$200,000. Council Member Martinez did not accept the amendment as friendly. On a motion to amend by Council Member Hammler, seconded by Council Member Butler, a motion was made to accept$200,000 as offered by the Rescue Squad enable the move to the gravel lot. Council Comments: • Butler: I think the whole the reason to move the park over to the gravel lot was to accommodate the rescue squad, so I think to not include that at this point, I don't know why it would make sense to not include it. • Fox: I have no comments on this motion, although I do not support the motion Katie just made. • Dunn: Suzanne, did you say the motion that Katie just made? I thought you said Dave at first. I had a bit of an issue with the $200,000 seeing that the cost is supposed to be $260,000. I understand the membership's desire to keep this cost down, but I also have to really beckon the membership and the town. The rescue squad is a county function and I think you all are doing—raising funds for the expansion yourself. Are you getting any funds from the county for that? Okay, the county is already—there were as far as I know at least three other rescue squads that received county funds for their expansions and I am not sure why you all don't want to go after county funds unless it is a control issue and I guess if that is what you want, but I do not think that your desires to not seek county funds that they have already paid to other rescue squads that we should lay this burden on the taxpayers. • Rescue Squad: We haven't decided how we are going to proceed with building or expanding our property. [inaudible] there are strings attached to the county funds [inaudible] not as attractive [inaudible]. • Dunn: And the only reason I am asking is because when you were at another meeting we had that discussion, I asked that specific question about where is the funds coming from and when do you see yourself building this out and I think the response was 2 '/2 years. So, if you have an idea of when you are going to be able to do it, you must have some idea of how you are going to fund it. Again, my only issue is I would rather see this be fully funded by the rescue squad because you have the ability to go after county funds. You are a county function 20 I Page COUNCIL MEETING September 22, 2015 and if you are choosing not to have strings attached with the county, it makes it tough for me to say well then I am going to have the taxpayers pay the extra amount so that you all can have more flexibility in dealing with the county. I would rather see that you are paying the full cost to have us move this because my understanding is you are not being charged anything for leasing the property, is that correct? Staff answer: I believe that is correct. You are not being charged. • Rescue Squad: [inaudible] correct. • Dunn: So, there is no charge for that. You are a county function. You don't want to use county funds for expansion but you want us to discount the cost to move the park's footprint so you can have space, which I am all for, but it is shorting the amount of the cost. You are only wanting to pay $200,000 when it should be approximately $260,000. • Rescue Squad: [inaudible] take that into consideration. [inaudible]. • Dunn: And they are already giving you roughly that in an annual donation. I don't know what it is, $300 something. So, I would—who made the motion? I would feel more inclined to make it$260,000, but along with Marty's point, I don't know if adding it at this point is something that is required. Should we do that now, or is this something we can work out in negotiations moving forward? Staff answer: I think so, you can. • Mayor: Which one? • Dunn: I guess the amount of donation from the squad for moving the footprint. • Mayor: As in you want further negotiations. • Dunn: Marty is saying you don't need to do it right now. Katie has made a motion to do it now and... • Martinez: The reason why I am saying you don't need to do it now is if we say $200,000 and we are stuck. We can't go higher and we can't lower depending on... • Mayor: No, I wouldn't agree with that. The way Katie phrased her motion was to accept$200,000 if the rescue squad decides it wants to add$60,000 or$40,000, they have that right and the town would have the right to accept it. So, I don't think we are limited. • Martinez: I just don't like the perception that goes out. • Fox: Just something real quick. I got my motions mixed up a little bit, so I apologize. I do support, you know, the $200 whether $260,000. I think I would go for $260,000 as well, but not the main motion. • Hammler: Was it a friendly amendment or not? It is confusing. • Dunn: From me? Is that what you are asking. We got off track. • Hammler: I don't think we actually made the friendly... • Dunn: I haven't yet, but I am trying to still figure out whether we have to put this whole dollar amount in now or not. 21 1 Page COUNCIL MEETING September 22, 2015 • Burk: Let's ask Kaj. • Hammler: Well the point I would make and Kaj can please respond— at least we are on record as accepting what's in the letter that has been submitted and to your point, if there are any additional negotiations, I don't think that is mutually exclusive, we just are on record as acknowledging it and accepting it as part of our discussions this evening. • Dunn: My issue would be then if we are accepting something and it is putting it in writing, then it should be the amount that we would rather see. So, I am either inclined to go with Marty and say don't put any dollar amount in or if we are putting a dollar in, make it the dollar amount that is needed to move the property. • Hammler: Is that a friendly amendment or it is up to you. Council Member Dunn offered a friendly amendment to change the amount to $260,000. The amendment was accepted as friendly by Council Member Hammler, but not by Council Member Butler. Council Comments: • Butler: I've got two issues. One is that I am still of the mind of why would we move the park at all if we are not going to figure out how to give it to the rescue squad, but the second thing is the $260,000 since it includes a 20% contingency, which we may not spend. I don't want to take $260 from the rescue squad and end up paying$220. • Mayor: Right. • Butler: Or$200 but on the other hand, I don't want to say that it is actual cost because then there might be overruns and it might be $350 or something. Since we pay the rescue squad a significant amount, I don't really care whether the amount is $200. I think$200 is fine. You know, $60,000 over 20 years is a rounding error and there is all kinds of opportunities every budget to figure it all out. I think I would rather stick with the $200. • Mayor: I am going to take that as a rejection of Tom's friendly amendment. Tom, I'm not going to let you make a motion to amend at this point, but you will get a chance to make it after we vote on this first amendment. Otherwise this is going to become too convoluted. So, we have Katie's motion seconded by Dave. Katie, your initial motion to amend was for$200. Dave has not accepted a friendly amendment to raise that to $260, so are you comfortable going forward with a vote on the motion to amend at $200 at this time? • Hammier: I am hesitating answering in as much as there may be a way to better phrase this based on the variables that we are all trying to get to. I think we are all trying to get to the same place—accepting the contribution of Fire and Rescue to the best of their, you know, building ability from their membership to offset the differential in cost but to the extent that we need to keep this simple, my answer is yes. 22 I Page COUNCIL MEETING September 22, 2015 • Burk: I would just like to say, I don't know how you can say $260 when they have offered $200. It doesn't make any sense to me. • Mayor: The amount we are dealing with is $200 right now. • Burk: Okay, so that's why I was supporting it. The motion to accept$200,000 from the Rescue Squad was approved by the following vote: Aye: Burk, Butler, Fox, Hammier, and Mayor Umstattd Nay: Dunn and Martinez Vote: 5-2 Council Comments: • Butler: I didn't have a chance to speak on the main motion, so let me just speak quick. I think this has been a difficult process because all the way through I know and people are bringing some fairly persuasive arguments about moving the skatepark. We have checked at least three different places to see whether it may be feasible to move it there and what the pluses and minuses would be and you know I appreciate everybody's comments. Suzanne has made some very excellent comments about the whole thing and doodled around a whole bunch of things. The primary reason I am going to support moving the skatepark to the gravel lot—the primary reason that gives me pause why I wouldn't is because it is definitely going to be disruptive to Dulles Motorcars. I don't know how disruptive. I mean the parking lot itself is small, compared to the total lot so I think that is easily overcome, but I think there is still the issue of a lot of skate parkers in the area is somewhat disruptive to his property and business, or could be. So, that gives me some pause, but then I weigh all the factors, pluses and minuses all around, I will support the Vice Mayor's motion. The one thing I would like to make a friendly amendment. Council Member Butler offered a friendly amendment to initiate the process to subdivide the lot so that the town can allow the Rescue Squad to build on half • Dentler: Madam Mayor, at this point, I would like for the town attorney to give you some information on what you are—some of the things that you need to address before you go further in your vote if you are going to move the skate park and really lease the existing footprint of the skate park. • Butler: We are not talking leasing. I just asked to subdivide because I would be completely against a lease. That is a nother conversation. You have to subdivide at any case. • Notar: The main thing you have to keep in mind right now is the motion, as it is now, one cannot build across a lot line. Remember, how it is now, is the town owns the skatepark property and the rescue squad owns the rescue squad property. It was donated to the rescue 23 I Page COUNCIL MEETING September 22, 2015 squad by the town many years ago by a deed of gift. So they own that land. There is a reversionary clause, meaning if they leave, the land comes back but it is owned by them. Under the town zoning ordinance, you cannot build a building across a lot line. So, if you are going to move the skate park over to the gravel lot, the rescue squad could build another building, but they could not expand over that lot line. • Butler: Which is why the first step is to subdivide the land and then they have to combine the two lots. That is the only way they would be able to do what they want to do. • Notar: Well, so if you are going to subdivide that land, you may need six votes. • Butler: I'm not subdividing. • Martinez: The question here is all we are doing is making a motion that we want to move the skate park to the gravel lot and we are leasing or giving or however we want to do it to the rescue squad to allow them to expand. Everything else, I am assuming that once this resolution passes, [inaudible] that you are going to go and look at all of the things that we need to do to make it work and I do not want to sit here tonight and hash it out for the next two hours and micromanage what you are going to be doing anyway. • Dunn: Can I offer this in conversation? If we look at the resolution, Marty, there is nothing in there about the rescue squad. There is nothing saying that we can't go forward, approve the moving of the skate park tonight and deal with the rescue squad at another time. • Martinez: That's what I am saying. • Dunn: Dollars, subdividing, everything. If we know we want to do that, let's just get the skate park passed. Move it over to the other side of the lot and then we work with the rescue squad and everything else. I think there are too many moving parts to this to get it done tonight. • Martinez: Right. And the resolution says skate park moves to gravel lot to allow rescue expansion and that's what the resolution is and that's where we need to go and anything after this, we definitely need to talk about and you need to let us know what we have to do and how many votes we need to have to get it done. • Dunn: This resolution doesn't say anything about expansion. • Dentler: We are happy to do that. That is not a problem. We are prepared to give you all of the options tonight. We can do that the next step. We just don't want you to not know something you may wish to know tonight. That's all. If that makes sense. • Butler: Okay, what if we do this then. Here is what I am not comfortable with. I am not comfortable with moving the skate park and then for some reason the whole thing with the rescue squad falls through because then we have spent$260,000 pretty much for nothing. So, what if we put in there how about if I make this as a friendly amendment? 24 I Page COUNCIL MEETING September 22, 2015 Council Member Butler offered a friendly amendment to remove the amendment that was just made about the$200,000 and then put a clause in about locating the skate park to say that we don't move forward with the skate park project until they have handed out what we are going to do with the rescue squad. • Martinez: Again, the scope of the resolution, you have accepted the fact that they are going to give us $200,000. I think that is commitment enough to let us go and move forward and get this thing done. • Burk: We can't hold off on the skate park anymore. We are months and months behind. • Butler: We are not, but the point is why move it and spend$260,000 if we don't know what we are going to do with the rescue squad. The only point to moving it is to accommodate the rescue squad. So, why would we commit to $260,000 when we are not committed to the rescue squad. • Martinez: That amount was not accepted as a friendly amendment. • Mayor: Got it. Got it. Dave, had you wanted to pursue your previous friendly amendment to initiate process to subdivide the lot, or did you want to drop that? • Butler: Marty has not accepted that as friendly, so I would like to make that as a motion. Council Member Butler made a motion to amend the main motion to add starting the process to subdivide the lot to give the rescue squad comfort that their$200,000 is actually going to be used to acquire some land. • Mayor: Barbara, are you comfortable with the concept that subdivision of the land will cure the cross border problem? • Notar: Subdivision of the land does not require six votes, but once you subdivide and if you sell or donate to the rescue, you would still need six votes. I just think at least unless I am misunderstanding Mr. Butler's motion, subdividing moves the process forward and I understand that and you could do that now and that helps us go forward, but you are still going to be faced with the problem later on what you do with the land. Once you subdivide, yes, I understand the lot line will disappear and that's good, but there still may be a vote problem in the future. You will still be under the same constraints, because it is still our land. It is just now two lots. • Butler: Yeah, but it certainly would not ever be a park. We can discuss that at a different time, and I can't imagine if we subdivide the land and we get$200,000 from the rescue squad and we build the skate park, I can't imagine that there would be any council member that would then vote against providing the land to the rescue squad. 25 I Page COUNCIL MEETING September 22, 2015 • Notar: And that may be so, but I don't—I couldn't agree that it wouldn't be a park anymore once you subdivide. I would still think you would need the six votes. • Mayor: Dave, are making a motion to add the subdivision land? • Butler: Yes, and that's basically to protect the rescue squad. The motion was seconded by Council Member Hammler. • Butler: I don't know why we would be adding the $200,000 in the motion and not be giving the rescue squad some assurance that they are actually going to be able to build on the land that we are supposed to provide. • Fox: I will support the subdivision. • Martinez: Other than the fact that I am really frustrated that this is just a simple motion to move the skate park to the gravel lot and then you have got a $200,000 commitment from the Fire and Rescue, that shouldn't be part of the discussion and now we are going to subdivide lots, which shouldn't be part of the discussion. We are micromanaging what our town staff should be doing, not what the council should be doing. That is not our job. • Burk: I will vote for that,just to get this done. I don't think it is necessary. I agree with Marty, but you know if we have to micromanage, we have to micromanage. Let's get this done so they know what we are doing and we can get the skate park moved and get going. • Dunn: Respectfully, Kelly, only because you are the one that mentioned it, it is probably a feeling that other people have, but I don't think we should be making a vote just to get something done. I understand where you are coming from. I think that there is too many questions still involved with this whole subdivision. It not necessary. I don't think that if we vote on this tonight, to move the skate park, and whatever the funding is from the rescue squad that they have any inkling that we are not going to let them have that property and to say tonight that we are going to go through a subdivision process not even knowing if we can, is completely out of order. So, I would not feel— you can say no to this motion and still just as quickly move this thing forward. I won't be supporting it. • Mayor: Barbara, is there any other advice that you would like to give the council before we have a vote on the subdivision aspect? • Notar: I think I have said everything I can think of— is that subdividing helps move the process forward and it gets rid of the boundary line problem, but you then will still— once you subdivide, there is still going to be an issue of a text amendment that will have to be passed by this council under the Crescent Design District. There is standards for development of the rescue squad. 26 1 Page COUNCIL MEETING September 22, 2015 • Burk: Would you say that it would be better to leave it as clear as we had it or is it better to add the subdivision. • Notar: I would leave it—phrase your motion to give us direction and then I would let us work out the details to the best of our ability. If we can't work it out, then we will have to come back to you, but there are steps we need to take. We understand your intent. It sounds like you want to move the skate park over to allow the rescue squad for expansion. There are steps that need to be done to the zoning ordinance. We will have to advise you as to the votes that you need. There may be a subdivision that is required so I guess the more open ended that your resolution is, the better off staff will be to accomplish that. • Dunn: The other question I have is are we doing something that affects the park status by subdividing this, and are we removing the park status from the subdivision portion? Is this a way of us usurping state code to get around the sale of a property? • Notar: and that's what I was saying is that I would advise against, so even though you subdivided, once you subdivide it, let me say it that way. Once you subdivide it, you can still lease the property over to the rescue squad and that does not take six votes, but if you donate it or give it to the rescue squad it is still going to take six votes. So, subdividing only alleviates the boundary line issue. Now they can expand over, but once again, yes you can lease it. But not you have leased property to an organization that is going to put a building on land— do you see what I am saying? • Burk: So, let's just make it as clean as possible. The motion to add in language to initiate the process to subdivide the lot,failed by the following vote: Aye: Butler and Hammier Nay: Burk, Dunn, Fox, Martinez, and Mayor Umstattd Vote: 2-5 Council Member Dunn made a motion to take out the$200,000. • Hammier: Based on the discussion this evening, I had originally made a motion to accept what was directed in the letter and email and after that somebody else decided on a figure. Because of the additional conversation, it does seem that there would be a much more streamlined direction to staff, which would have been helpful if Council had just received that verbiage this evening knowing what you know that we don't know which are all the things you know you have to work out but you could make a motion basically summarizing that but in memory of the two previous amendments that redirect staff to negotiate with Fire and Rescue based on their letter and email about contributions differential of the cost to move the skate park as well as 27 I Page COUNCIL MEETING September 22, 2015 our additional zoning and legal requirements to accommodate moving the skate park. • Dunn: Well all that is going to happen anyway. It is all part of the process. Right, Marty? • Martinez: I feel like being ironic and saying I second your motion, but I can't. The motion was seconded by Council Member Butler. • Butler: I'll second it because I think there is no point in taking any money from the rescue squad if we are not committed to giving them half the land. • Burk: We are committed to it. • Butler: No, we are not. We are thinking about it and we are talking about it. But until we have the details, [inaudible] we are not committed until we vote on it. If we can't vote on it all, then we really shouldn't be moving forward. • Dunn: The only other thing I would say, and Kelly and Marty know in my discussions about this, is that this started with funding a skate park. That is where we started in the CIP. I wasn't exactly thrilled that we were moving it forward but that bridge has been crossed. This is nothing against you guys. You are trying to do what is best for the squad. The squad has interjected themselves into this discussion and that is where we are now. I just don't think that we are ready to finalize our discussions with the squad tonight. To try and talk about subdividing and funding and based off of some emails and notes, I just don't think we are there. I would rather just say we are going to work with the squad. We need to go forward. If we want to put a date on it for your department, Rich, so you can start design, I would say—I know you are going to hate this, Marty, that we have these final discussions done in two weeks. But, I think to do it in two minutes. • Martinez: I agree. • Hammier: So, are you going to table it? • Dunn: No, no, no. I am not saying table it. I say pass this resolution as it is. As simple as it is right here. Let's finalize discussions and give Rich October 1 date or whatever two weeks are—next meeting, that's when the design starts. By that time, we have time to discuss.... • Martinez: Actually, they can start design now. • Burk: Right, as soon as we pass this, they can start design. • Dunn: Okay. • Martinez: And the discussion with the rescue squad can all be a side discussion that the town, we let them do their job and work it out. • Dunn: My motion is we take the funding out of the motion. • Hammier: Would that not be rescinding a part of the motion, which would require someone other than Tom to make such a motion? 28 I Page COUNCIL MEETING September 22, 2015 • Mayor: Theoretically, but let's give up arguing that point. My big question is for those members of Council who think that the $200,000 was important because I would like to get this resolved tonight. Will we lose support for this motion if Tom and Dave's motion to remove the $200,000 passes? • Hammier: Madam Mayor, I actually think we are all saying the same thing, but unfortunately the language wasn't presented for Council to very succinctly embrace that we know that there are things that we as a council want represented this evening so that staff is directed to negotiate and accept the contribution to offset the differential in cost and all the related things that have to happen. I believe we are all trying to get to that end. I felt it important to express that in the motion so that would happen. I am open to—if we have said enough on the dais that is the direction to staff, I have no problem supporting the motion, but other than having it in the motion I have no other indication that is going to happen. • Mayor: Okay, the reason I am asking is I am not going to support the motion to amend if I am going to lose your vote. That's as direct as I can be. I don't want to see this thing go down in flames because of their motion to remove the $200,000. • Hammier: You will not lose my support except that I don't want to lose $60,000 if they are going to contribute the entire amount as well as I would expect and they have in fact directed so this is where ultimately I am happy to figure out the best language to make sure that Council's will is represented in the motion. • Dunn: I don't think that we have a problem going forward tonight with the resolution to move the skate park over to the gravel portion. I think that our negotiations with the rescue squad can be separate. • Hammler: You should say that. That's all you have to say. • Dunn: You didn't have to say anything about the rescue squad tonight. • Butler: Point of order. If you pass Tom's motion, I think we are back to the original resolution that was in the packet. • Dunn: Exactly. My point, Katie, and I know you have been there and many people on Council too, is that again this is a county function and once again the citizens of Leesburg are having to saddle some of that burden of supporting a county function and that is where the rub is. • Hammier: I guess just to simplify it. At this point, Kaj, as town manager, I think you have heard enough from the Council, what do you recommend that we do if necessary to amend this motion, if at all. • Martinez: I don't—you know.... • Hammler: Because he is going to have the direction to proceed so I think he needs to know.... • Martinez: I think Kaj is a big boy and he can figure it out. I mean you are wearing your big boy pants, right? • Hammler: I don't appreciate your sarcasm. 29 I Page COUNCIL MEETING September 22, 2015 • Martinez: I don't appreciate that you have a basic, simple resolution and everybody has to sit there and [inaudible]. • Hammler: It's not that simple [inaudible] didn't make the original motion. So, that's my question. • Mayor: We do have Dave and I think Tom's motion to remove the language about$200,000. • Butler: Which brings it back to the original. The motion to remove the language regarding the$200,000 failed by the following vote: Aye: Martinez, Butler, and Dunn. Nay: Fox, Hammier, Burk and Mayor Umstattd. Vote: 3-4 Council Member Dunn made a motion to change the amount to$260,000 to cover the full cost of the relocation. The motion was seconded by Council Member Hammier. • Dunn: Just real quick. If we are going to have the funding, it might as well be the full funding. The motion to increase the$200,000 to$260,000 was approved by the following vote: Aye: Fox, Hammier, Martinez, and Dunn Nay: Burk, Butler, and Mayor Umstattd Vote: 4-3 • Mayor: Just be aware, if the rescue squad is getting nervous that the town does contribute funds every year. Theoretically, I suppose the town could deduct from those funds to cover the $60,000, if it wanted to. • Butler: So, so far what we have is we are going to move skate park and it is going to cost us another$260,000. We are going to get it from the rescue squad. There is no particular—but we haven't figured out a process on how to get there yet, so we are not micromanaging by asking for a process we are not micromanaging the staff. What we are doing is we are doing our job and making votes to commit to what we are doing. This is a horrible resolution and it's [inaudible] the rescue squad. If I were you, I would go out of here very nervous and very worried because it is still going to be a long time before Council has committed to actually providing you this land yet we are going to put a skate park on it with a half empty lot, which we hope at some point is going to go to the rescue squad. This is not good government in action. • Mayor: I'm basically fundamentally with Dave that the rescue squad should be nervous. I think that every member of Council has expressed their desire to accommodate the rescue squad's expansion, maybe not as much as some of us might have wanted. I would have been happy to support moving the skate park to Ida Lee so that the 30 I Page COUNCIL MEETING September 22, 2015 squad could expand over the next 20 years into the entire parcel, but I think getting something—providing them with room to expand now is better than nothing. I don't think they are in the dark of our process. Staff has worked out the process already. We didn't give them an opportunity tonight to go over it, but they have already briefed the rescue squad on what that process has to be. Barbara mentioned the text amendment, subdivision, etc. We don't need six votes to move the skate park to the gravel lot. • Butler: But we need six votes to give them the land and so if we... • Hammier: This has been a long time in coming, so I am sorry, Marty, that is going to ten o'clock and beyond but it has turned into a complicated issue given a lot of different variables where we were trying to accommodate a lot of very important constituencies. Including the fact that I appreciate Suzanne coming forward with trying to take the time to create a partnership with the school board. I would have been very open to taking the extra time, even selling the land in order to get the skate park to the best possible place where it could have offset the most cost, where we could have potentially sold the land, recouped perhaps $2.9 million or at least a good portion of that that we may have donated part of the land to the fire and rescue given as much land as you needed. Ultimately that requires a super majority. So, once it became obvious that there was not support for selling any of the park land then I think the options were in fact reduced to finding the best possible solution at that point. I just want to summarize by saying because it has been such a community wide effort, I appreciate everything that the parks and recreation commission has done, that staff has done, to bring all of the additional research. I appreciate the time the fire and rescue department has spent with us individually so we can fully understand your needs which is really important in this process. I appreciate Mr. Saghafi who has very specific needs for his business and because of all of those things and everybody working towards a positive end, I will be supporting the resolution this evening. • Fox: I am in the minority. I support the rescue squad's request to move the skate park to Ida Lee. I think that moving it to the gravel lot is a band aid and I don't support that. I feel like there could have been a lot of winners here. There is a lot of problem solving going on here and I think there is a scenario where all parties and all stakeholders could have been served and served well and I am sad that is not going to happen. I think Dulles Motorcars has been left out of this equation. I feel pretty bad for them. They are a well-respected business and now they are going to not have their problems alleviated with this vote. The rescue squad is a function of our commitment to health, safety and welfare of the town and I feel like we are putting recreation above that. I don't support that. I feel like we have a recreation center in Ida Lee and this would fit in with the active nature of Ida Lee now. I see the skaters wanting a park, which I agree with. I think they want it 31 1 Page COUNCIL MEETING September 22, 2015 regional in nature, which I think Ida Lee is more conducive to, not just this little gravel lot on Catoctin Circle. I would rather have the rescue squad be in a central location than I would the skate park and I think the taxpayers lost out here with the passing, you know, with not considering the sale of the property. I think that, you know, I disagree with it all in theory and I stand firm in that and I will vote against the motion. • Dunn: Just real quickly and I agree with the Mayor. Please don't fall out of your seat. I don't think that the rescue squad needs to be nervous in knowing that the town is moving forward in trying to work with you for this property. If we weren't you wouldn't be here tonight. The answer would already be no. And you are here tonight because we are working to get to yes. We may not be at yes tonight, but I think we are going to get there somehow, someway. I know that you all don't want to have to work with the county, but for my point, it does make it difficult knowing that you are a county function, not a town function, that as we move forward, the things you want to accomplish, I think are going to be better if you were working with the county. I can't make you do that. That is on you. But, the one thing I don't want to have to is we already contribute to the county funds and I just can't have town taxpayers taking up more and more costs that should be shared with the county. So, hopefully we can move forward with this quickly. You can work with the town staff- I know you will and let this process go smoothly. I hope that what you have seen from tonight is that you do have overall the support from the town council. • Martinez: Let's vote. The motion to approve the gravel lot for the redevelopment of the Catoctin Skate Park as amended with the language about funding was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, and Mayor Umstattd Nay: Fox Vote: 6-1 e. Organizational Membership with National League of Cities On a motion by Council Member Hammier, seconded by Council Member Butler, the following was proposed: MOTION I move to approve an organizational membership with the National League of Cities for the Town Council in the amount of$3,813 for Fiscal Year 2016. Council Comments: • Hammier: Yes, very quickly. Just a great new opportunity to renew our participation in a really important organization that lobbies on behalf of municipalities around the country at the Federal level. Increasingly federal issues are causing a great deal of issues for us as one of the—we are arguably the size of a city. With Kim Winn, the executive director of VML now being 32 I Page COUNCIL MEETING September 22, 2015 on their board, we have a great opportunity for Leesburg to be accepted on council, leadership and committees to have a much more direct involvement on things such as energy, environment, natural resources, things like the unfunded mandates coming down for TMDLs, transportation for things such as federal funding for an interstate problem on Route 15 and there are specific councils that are directly aligned with us as the size of organization that we are—the first tier suburbs council, which represents cities and towns outside of central cities, such as Washington, DC and also the small cities councils which are municipalities like us — 50,000 or just shy of 50,000. We appreciate giving us this shot this year to get one or two of us really involved and hopefully make a difference. • Butler: I know that some people—we have voted down things that cost less than $3,800 but I think this can be a huge opportunity for the town and the fact is that if we try it once and we find that we are not getting the value out of it, then we just don't renew. It is not a life commitment, but a potential huge upside, so I would be enthusiastically supporting it. • Fox: At first, I wasn't really keen on this idea but I read through this memo that we have got and I was really excited to see that there might be some possibility where transportation is concerned, so I kind of agree with Dave. Let's try it out for a year, see if anything comes of it. If not, don't go any further. • Martinez: No comments. • Burk: The only comment is we tried it out before and we ended up not renewing it because it didn't prove to be particularly effective. It seems like if we've got the representative from the VML on there, that they would be representing our interest, so I am not in support of it at this point. • Dunn: Katie asked me about it earlier. I did take a look and I think I'd rather pass. I just don't see us needing to be on just another commission. It seems like so often these commissions talk about the same thing all the time. So, I'm going to pass on this one. • Mayor: I mean, I completely understand Katie's proposal and it looks attractive. But, Kelly is right. We did try this out a number of years ago. We might assume that maybe things have changed, but we would be a very small player in this organization. I don't think we are going to get a whole lot of out of it. My concern is that given that these committees and the group meet all over the country for Leesburg to play a very active role, it is going to require air tickets to the west coast, etc. for however many council members we have on these committees and I am not convinced it is going to be a good return on our investment. I wish I could support it, because I think Katie's heart is in the right place pushing for this, but I just can't having seen it in action before. • Hammier: I do appreciate everybody's consideration. I think we are greatly underestimating the importance of our own leadership in that we really don't give enough attention and never have and that's why we haven't properly utilized the organization and how important federal lobbying is and to think that an executive director who represents every municipality and Leesburg 33 I Page COUNCIL MEETING September 22, 2015 can help us individually probably isn't the best, you know, estimation of how we are going to make that happen, but rather that she can help influence us getting on these committees so that we as individuals that are represented to do could in fact get involved and I don't agree that we would have to fly anywhere in the age of webexes and teleconferences. I think it is just an opportunity for us to do a great job, which is ultimately what we are elected to do and federal lobbying is a key component. The motion failed by the following vote: Aye: Butler, Fox, and Hammier Nay: Burk, Dunn, Martinez, and Mayor Umstattd Vote: 3-4 f. Virginia Municipal League Voting Member On a motion by Vice Mayor Burk, seconded by Council Member Hammier, the following was proposed with Council Member Martinez nominated as the voting member. RESOLUTION 2015-108 Designating a Voting Member for the 2015 Virginia Municipal League(VML) Business Session • Council Member Martinez accepted the nomination. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Fox, Hammier, Martinez, and Mayor Umstattd Nay: None. Vote: 7-0 12. ORDINANCES a. TLZM 2014-0005 Patriot Self-Storage Park. Michael Watkins updated Council that the proffers have been revised to include $0.10 per gross square foot of building area for Fire and Rescue. The estimated total is close to $25,000 in revenue for transfer to Fire and Rescue services serving the property. On a motion by Council Member Dunn, seconded by Council Member Martinez, the following was proposed: ORDINANCE 2015-0-016 Approving TLZM2014-0005 Patriot Self-Storage Park to Permit Additional Building Height in the CD-C District It was clarified that this will include the amended proffers and three stories fronting Fort Evans Road. Council Comments: • Burk: I am glad that the owner realized the importance of making sure that our fire department was covered in this so I appreciate him reconsidering and 34 I Page COUNCIL MEETING September 22, 2015 putting that in part of the proffers. I know that it is not exactly what some of the people in the area wanted, but it is what we did agree to, so I don't have any problems supporting this. • Hammier: I still have concerns about the massing on behalf of the neighbors and just some questions in general on the impact on the neighborhood, so I cannot support it. • Fox: I have some issues about the massing too, but I also took what the neighborhood said into consideration, what the applicant said into consideration. I also saw this was approved by the commission and the applicant did make an attempt to mitigate the massing. I did appreciate that. Seeing that it would be a fiscal good thing for our community, I will support it. • Mayor: Mike, do you remember what the differential between how much tax revenue that property brings in today versus how much it is estimated to bring in if this building is approved? Do you have any sense of those numbers? Staff answer: I don't, but the property is vacant now so we are getting real estate taxes for unimproved property. It is in the Crescent Design District, so those land uses are available to them in the densities that are provided with the underlying zoning. With that said, the Crescent District does permit a higher density in terms of land use. It is designated commercial, so we anticipated a commercial use to bring in a significant amount of revenue. I don't have a sense of the numbers just because there are a litany of different uses on the use table that could occur on the property. Retail, office, self- storage and those are all permitted uses in the district. They would have their respective tax revenues in terms of BPOL, real estate tax, etc. • Mayor: I am really torn over this. The neighborhood is not a big fan of this project and they are concerned about the massing. That carries a lot of weight with me. If they don't have any hard figures on additional revenue, then I can't really rely on that assumption to support it. I will mull it over as we get final comments. • Dunn: I appreciate the Mayor's concerns about the tax revenue, but I think if we were to look at some other self-storage facilities that we have in town and know what those tax values are and this one is larger than I think most others in town, I think that regardless of what the increase is, it is going to be an increase because it is improved property versus unimproved. I think also that the massing is mitigated by the trees on the property. It is also mitigated by the elevation in that the property will actually be nearly the same elevation as other properties there because it is on a lower piece of ground than some of the other properties. I think that the architecture has been greatly improved and I appreciate it. I think that what originally came in with the planning commission is not what is going to be leaving here from Council through your efforts throughout this process and I think this being another building that is going to be at our gateways of our town I think is going to look as good if not better than some of the other properties that are at that same gateway and the residents are affected by those other large properties that are right on the same street. So, for that reason, I am supporting this. 35 I Page COUNCIL MEETING September 22, 2015 The motion was approved by the following vote: Aye: Burk, Fox, Dunn and Martinez Nay: Butler, Hammier and Mayor Umstattd Vote: 4-3 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL MEMBER COMMENTS: Council Member Dunn: Had no comments. Council Member Butler: I have a disclosure. I met with Dan Knutsen on a potential rezoning off of North King. I am concerned about the rescue squad and I want to reiterate that if they want to extend their building across the property line, we can't lease half the lot to be able to do that so we do have to subdivide and combine it, which is going to take six votes per the town attorney. I am concerned because we have already had a couple of Council members say that they don't want to give away any more land or anything like that, so I think it might be risky. It is going to be tough to get six votes to give them that land. I just want to reiterate that I stand by my remarks that if I were them, I'd be a smidge nervous. The last thing I do want to talk about is I do want to address the question that was posed to me earlier tonight about sending a letter to Le Tache with all the attachments. Could we turn it down a little bit out there? Thanks. Yes, absolutely don't want to do that because it is putting us in the middle of any first amendment [inaudible] that are completely outside of our purview. We are happy it is possible for us to send opinions like that up the chain to whatever governmental agencies, the state or federal government, but to pressure a local business with changing how they—what they sell or how they sell it based on our feelings of a first amendment issue is wrong and I believe could get us into trouble and it would be no different than what if we did the same thing with gun shops, churches, or bars, all of which are first or second amendment issues that have the same kinds of concerns by some people. There are definitely people that would think that bars, restaurants that serve alcohol are far more dangerous than anything that Le Tache might be presenting and it is not our job to opine on that. We have to follow the law. I would also like to say yes, does Le Tache—some of their stuff objectify women? I think absolutely. There is no question about that, but it is not our place to decide whether that is a good thing or a bad thing. That is up to the Supreme Court and the Supreme Court has very solidly spoken on that. So, basically the summary of what the message that may have been lost last night is that we don't really have the legal authority to do anything with that business. So, you can ask us and we can all agree 100%with you but we can't do anything. I would also like to mention that if we are going to send—if we were to send letters, which we are not, including all the emails that we have received, we would also want to include the 79 posts that were put on the Leesburg Today facebook page that basically were crucifying the Leesburg Town Council for even discussing this issue. The inaccurate headline from the Leesburg Today didn't help matters, but we were crushed and I think it would be helpful for Council to go read some of those comments to find out that the vast majority of people, including some 36 I Page COUNCIL MEETING September 22, 2015 very conservative members of the public think that our discussion last night was much ado about nothing. So, I will get off my soap box and hopefully I have answered the question that they have asked and we can move on. Thank you. Vice Mayor Burk: I need to disclose that I met with Hobie Mitchell on September 15. I wanted to congratulate ECHO. They had their yearly picnic and what a wonderful group of volunteers and paid staff that work with our adult disabled population. It was really a wonderful picnic. I wanted to congratulate Stilson on a wonderful Cancer Can Rock afternoon. Did a great job and raised a lot of money for cancer research and that was great. I want to remind everybody that the Art Festival is this weekend, Saturday and Sunday, along with the Airshow and that on Thursday, the Town Council, Middleburg Bank, and Palios is sponsoring a discussion on the downtown businesses and retail. This is an opportunity to come down and participate and listen to a panel discussion from experts on what are some things that we could do downtown to get more feet on the ground and what are some things that we need to do. Finally, I would like to end by just saying Happy Birthday to Marty because his birthday is coming up. Council Member Martinez: I just wanted to say I also talked with Hobie Mitchell and Christine Gleckner on the 14t'' about his development. I also want to say that the Town of Leesburg has got a busy weekend. We have got a lot of stuff going on. We have Leesburg Airshow, the annual art fair, the Nats are playing Philadelphia. We have the NAACP, which is really [inaudible]. Then we have the Phillies on Friday night and..., but I also [inaudible] to coach the kids baseball team in Warrenton because their coach couldn't make it. [inaudible]. Council Member Hammler: I wanted to first of all to thank everybody involved in putting on such a moving 9/11 ceremony. As usual, Madam Mayor did a wonderful job on what is an occasion—I do appreciate that the town makes an effort to bring everybody together considering how significant that event was for us. I just wanted to say thanks in advance for all of you for coming to Town Hall on October 2 for our first official pilot for the Civics Program. We will have 60 eighth graders from Simpson coming in. They will be in two groups divided between the Mock Session in the Town Council and also have the opportunity to meet Council Members. Of course, the most special [inaudible] as well as a staff directory so they will learn about great kind of career opportunities and most importantly how to develop their passion for contributing to the level of government that they will probably have the most impact as leaders. I will be visiting three civics classes this week just to help prepare them so they are ready to come into the town hall chambers and [inaudible] and the issue and who is going to be what petitioners, are going to be ready to even come to a vote that day and make it as meaningful as possible but also just a learning pilot so that we can kind of debrief and figure out how to make it even better and expand it next year, but I must say a huge thank you to Keith Markel who has been the program manager and doing a great job keeping this all organized as well as Mr. Runfola, the principal from Simpson and his staff as well as Abby Fisterer from Morven Park. She has come up with all the working materials and the classroom and has just made this extremely meaningful for the kids. Along that line, I think it is great Kelly nominated Cameron Orndorff to be on an actual Arts commission. I think he is—he is a teenager. I have known him since he was a little kid, so it is kind of awesome to see him stepping up and getting 37 I Page COUNCIL MEETING September 22, 2015 involved in the town. Finally, speaking of participation, I am so glad that Marty is going to take an active role down at the VML annual meeting. I am looking forward to seeing him and Kelly down there. I will be participating in the Executive Committee meeting and also be presiding at the Women in Local Government Breakfast. So, it should be a great annual conference and we will look forward to reporting back. Council Member Fox: I have one disclosure. I met with Hobie Mitchell on the 18th along with Christine Gleckner of Walsh Colucci. That is my only disclosure. Just a couple of things. I, too, enjoyed immensely the 9/11 observance. It was very humbling to take a look out there and see all of our first responders. I hope they know how much we appreciate them. I did get to observe the preservation awards at the Thomas Birkby House although they didn't know I was there. But Kelly was there. That was a really nice party, I guess award ceremony. I had to leave a little bit early but I am just going to go ahead and keep it short and sweet. I do appreciate one thing. This downtown discussion that is coming up—I think it is really needed. I wanted to thank Kelly for bringing this about. I know that there was a lot of work on her part and I really look forward to this Thursday. 16. MAYOR'S COMMENTS I appreciate Katie's work on the Civics program, Kelly's work on the downtown business program. These are both very good projects. I would just like to give you an update on the motorcycle ride that you all supported. They had over 100 motorcyclists to sign up for the ride to raise money for canines for warriors and these dogs are all rescue dogs and they all rescue the veterans that they are paired with and it is an extraordinarily successful suicide prevention program. Not one veteran has been lost who has been paired with one of these dogs. So, it works really well. We are very grateful. Everybody wanted me to make sure that we thanked you guys for your support for the ride. 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 10:28 p.m. IMAYINR110 Krist- C. stattd, Mayor Town of Leesburg • 411Si: /l Clerk of C 2015_tcmin0922 38 I Page