HomeMy Public PortalAbout2015_tcmin1208 COUNCIL MEETING December 8, 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, Human Resources Manager Mark Hauer, Transportation
Engineer Calvin Grow and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Adam Bell
3. SALUTE TO THE FLAG: Council Member Fox
4. ROLL CALL: Showing all members present.
5. MINUTES
a. Regular Session Minutes of November 10, 2015
On a motion by Council Member Butler, seconded by Vice Mayor Burk, the regular
session minutes of November 10, 2015 were approved by a vote of 7-0.
b. Regular Session Minutes of November 23, 2015
On a motion by Council Member Martinez, seconded by Council Member Butler, the
regular session minutes of November 23, 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 Butler, the
meeting agenda was approved as presented by the following vote:
Aye: Burk, Butler, Dunn, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. Certificates of Recognition - Special Olympians and Coaches
On a motion by Vice Mayor Burk, seconded by Council Member Butler, Certificates of
Recognition were approved for the following coaches and athletes for their participation in the
Special Olympics Fall Championships in Bocce and Soccer:
Dan Dillion— Coach, Bocce Jodi Kinney— Coach, Soccer
Colin Dillion— Coach, Bocce Adam Bell—Athlete, Soccer
Robbie Albano —Athlete, Bocce Tyler Touve—Athlete, Soccer
Jason Sorrels—Athlete, Bocce Nicole Levinrad-Athlete, Soccer
Chris Kranz —Athlete, Bocce Kelly Erikson—Athlete, Soccer
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William Emley—Athlete, Bocce Maria Nanda Correa—Athlete, Soccer
Abby Criswell—Athlete, Soccer Amy Jo Heying—Athlete, Soccer
b. Presentation—Tolbert Awards
Linda Shotton, Environmental Advisory Commission, stated that Tuscarora High
School was selected for the Tolbert Award because of their innovative environmental
science program that has helped spur several initiatives in sustainability.
c. Proclamation - Recognition of Town Employee Retirements in 2015
On a motion by Vice Mayor Burk, seconded by Council Member Butler, the following was
proclaimed:
PROCLAMA TION
RECOGNITION OF PUBLIC SERVICE
Of
Town Employees Retiring in the Year 2015
WHEREAS, town employees make a significant contribution to the well-
being and quality of life for the citizens of Leesburg; and
WHEREAS, dedicated town employees endeavor to perform their jobs with
professionalism and integrity to make government more accessible and effective; and
WHEREAS, retirement marks the end of their public service careers and the
beginning of a new chapter in their lives.
THEREFORE, BE IT RESOLVED, that the Council of the Town of
Leesburg in Virginia hereby congratulates the following 2015 retirees on their
retirement and wishes them well in their future endeavors:
Otho Bloom Police Department 12 years (7/02-1/15)
Kevin Lawlor Planning& Zoning 26 years (7/88-1/15)
Billy Frye Streets 26 years (1/89-1/15)
Carol Nylander Utilities 6 years (8/08-3/15)
Somchai Ngarmkham Utilities 11 years (9/03-4/15)
Susan Dejong Utilities 16 years (12/98-6/15)
ArefEtemadi Utilities 29 years (10/86-6/15)
Robert Berkey Finance 8 years (1/07-6/15)
Joanne Cunningham Human Resources 10 years (1/05-8/15)
Lee Phillips Plan Review 27 years (6/88-10/15)
Katherine Elgin Finance 16 years (9/99-12/15)
PROCLAIMED this 8"'day of December, 2015.
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d. Presentation— Commending Kathy Elgin
Delegate Dave LaRock presented Kathy Elgin with a Resolution passed
by the Virginia General Assembly commending her on her career in public
purchasing.
House Resolution 555
Commending Kathy Elgin
House of Delegates August 17, 2015
Whereas, Kathy Elgin, dedicated servant to the Loudoun County
community retires as Chief Purchasing Officer of the Town of Leesburg in 2015;
and
Whereas, Kathy Elgin has ably served the Town of Leesburg as Chief
Purchasing Officer since 1999. She previously worked for what is now known
as Loudoun Water; and
Whereas, Chief Purchasing Officer Kathy Elgin modernized the Town's
procurement system to increase efficiency and save taxpayers money; and
Whereas, Kathy Elgin developed the Town's procurement program
eliminating excess paperwork, introduced live auctions for the surplus program
and revamped the purchase card processes; and
Whereas, deeply respected by her peers at the local, state and national
level, Kathy Elgin served as chair of the Northern Virginia Cooperative
Purchasing Council and past president of the Virginia Association of
Governmental Purchasing. She represented the Commonwealth at the National
Institute of Governmental Purchasing; and
Whereas, Kathy Elgin has earned numerous awards and accolades for
her contributions to Loudoun County, the Town of Leesburg, including the
2015 Distinguished Service Award from the NIGP; and
Whereas, Kathy Elgin has worked to strengthen and enhance the
community as a volunteer with local civic and service organizations.
Now, therefore, be it resolved by the House of Delegates that Kathy
Elgin hereby be commended on the occasion of her retirement as Chief
Purchasing Officer of the Town of Leesburg and be it resolved further, that the
Clerk of the House of Delegates prepare a copy of this resolution for
presentation to Kathy Elgin as an expression of the House of Delegates
admiration for her service and work to the community.
e. Certificates of Recognition -Tuscarora High School Girls Cross Country
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COUNCIL MEETING December 8, 2015
On a motion by Vice Mayor Burk, seconded by Council Member Butler, Certificates of
Recognition were approved for the following coaches and athletes as Virginia 5A Cross Country
Champions
Mariam Kolbai Gillian King
Emma Wolcott (also Overall Cross Country Championship)
Caroline Johnson Ava Hassebrock
Rosie Kostka Katheriene Russell
Raiya Al-Nsour M.E. Lazorchak
Kmaljeet Athwal Troy Harry—Head Coach
Rebecca Puterio, Asst. Coach Patrick Wolak, Asst. Coach
Mandana Mortazavi, Asst. Coach
f. Presentation—Fiscal Year 2015 Comprehensive Annual Financial Report
Mike Garber, PBMares, presented the FY2015 Comprehensive Annual
Financial Report (CAFR)
Key Points:
• Clean, unmodified opinion on the financial statements, internal controls
and federal awards.
• Large liability for Virginia Retirement System that will be on the books —
it amounts to a restatement of the pension obligation - $26.7 million.
8. PETITIONERS
The Petitioner's Section was opened at 8:08 p.m.
Johanna Vandoren-Jackson: I am representing my husband, Bob Jackson and me.
We live at 9 Ayr Street, N.W. Ayr Street, NW is a short block running north to south from
Market Street to Cornwall Street. We recently were notified of some survey work relating
to the stairs and the sidewalk on Market Street down to Ayr presumably due to the difficulty
of citizens navigating those stairs. I see people in wheelchairs often have to go in Market
Street and families with strollers often have difficulty going down the stairs. We thought
that while the town was considering the work, we would make the Council aware of other
concerns that we have relating to pedestrian traffic on Ayr Street. Ayr Street appears quiet
but it is actually well used by pedestrians. Many are elderly. Sunrise—Ayr Street is on one
side of Sunrise and there are quite a few people coming back and forth from the hospital.
Memorial Street as far as [inaudible] is better suited to that, but Ayr Street is a bit of a cut
through. It appears to be a bit of a short cut and since the new ER went in, actually when
you step onto Ayr Street you can see the lights even though the street doesn't go all the way
through. You can see those lights and people tend to start walking down Ayr Street. It is
also used as a cut through by motorists and they are often going pretty fast. They are
darting through and they will come on Market and they will zip down Ayr Street [inaudible]
the hospital complex and there are no sidewalks on Ayr. It is a very narrow street. It is
used frequently by trucks serving Sunrise and that blocks visibility for the people walking. It
has two blind corners. If you are driving west on Market and turn north, you would turn
right onto Ayr Street. You can't see around the wall and the hedge there at Sunrise and
then when you are making that turn which you have to do because Ayr ends at Cornwall,
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you can't see around the corner. And quite a few times, cars have come zipping around and
almost hit someone there. So, we would like the Council to consider putting in a sidewalk
on Ayr Street to protect the citizens, some of whom are quite fragile, either coming from
Sunrise or the hospital and the outpatient facilities that Cornwall has.
Andrew Borgquist: So, Madam Mayor and Council Members, I am here to talk on
an issue that I have been coming on numerous occasions to speak on. I wanted to mix up
the format a little bit and normally I was coming I would just say things and I had spoken
with you just a bit earlier about potentially asking some questions and maybe that wouldn't
end up being the absolute best format because I guess you wouldn't be able to answer per se,
but maybe I could just go ahead and answer a few questions that you won't answer now,
but if you would want to email or not, maybe that would be okay. So, one of the things I
just want to kind of say right here at the outset and so I'm not singling out Council Member
Martinez, but I had an opportunity to speak with you just real briefly before the meeting
because I wanted to just ask your kind of opinion on the fact that I keep coming and I keep
asking things. So, you had mentioned that you didn't want to get involved and it was a
personnel issue so I guess I had two questions kind of related to those remarks. The first of
which is that you had mentioned if there had been a bunch of people it would have been
different story, so I was trying to process that which is that I am not sure I understand so
just one petitioner isn't enough. Multiple petitioners—there is not enough pressure, I guess,
so in which case, I guess one petitioner— and this is a fear that I have had all along—is that
one petitioner is easy to ignore. Many petitioners, then you would have to, you know,
maybe acknowledge me a little bit more. The second thing, was that you know, you said
that it was Kaj's decision. So, the thing that I have kind of been pointing at from the entire
time I have been coming and talking has been that granted although it has been a personnel
issue, that really I view it as a policy issue and that is part of the problem which is that
ultimately Mr. Dentler is the town manager and has the ability to make certain decisions,
but those decisions are based on policies, protocols and practices in which case if there is a
situation where someone is being treated unfairly; if someone is being treated without
transparency, and if someone has been treating, you know, in a manner that is not
consistent with town, you know, kind of purpose or— sorry, I am losing my words here a
little bit, that would be something then that would be something to bring before the council.
That would be something in which case, I guess my question would be, if I—because I feel
like I have set up the situation where I have shown that there was a certain amount of
unfairness that occurred, there was certainly a lack of transparency which is concerning, and
there seems to be a little bit of a policy deviation which it wasn't like it wasn't an accident.
It wasn't like somebody said oh, I made this decision and we are trying to do our best. No,
it seems like a willful deviation—they meant to do it. That is something that is to me—
seems to be a concern for the council, something that they need to address. So, yes it is
Kaj's decision, but if the manager's decision would be to allow someone or to be that
someone that allows someone to, you know, be treated unfairly, to be, then you know,
lacking transparency and all the different things that basically are bad government—bad
management then it is an issue for the Council. So, I guess my question there would be is it
because this isn't significant enough because I feel like I have set that up. And if anybody
would—I'd love to have a response on what I am missing then. How this was fair, how this
was the right thing. You know, if it wasn't right—is it just because this was too insignificant
to be worth addressing because I need more petitioners. That would be my question. One of
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the questions and this is something that has kind of concerned me for—this would be more
for Kaj —Mr. Dentler, sorry. Town Manager. Which is in previous discussions that I have
had with Mr. Wells, who was the former town manager when this had kind of started
happening was I had basically provided an account of a particular situation which the town
of Leesburg had taken action against me for and in Mr. Wells' letter to me, he had said that
the town does not adopt my version of events, which he had seemed to indicate in some
manner that what I had said was illegitimate or wasn't worth consideration and it has
always bothered me about so I would like to know why because [inaudible] was that not
being considered. It seems like it is just carte blanche dismissed.
Ron Campbell: I live at 812 Fort McLeod Terrace, Leesburg. I am here tonight with
my wife, Barbara, and my mother-in-law visiting from out of town. First, I want to thank
you, Mayor, for your service to the town and the community for all of these years. I think
you have certainly been an excellent example of a town mayor should be and certainly as
we look forward to your next adventure, along with us, we certainly expect the same type of
cooperation moving forward. Tonight, I am here representing myself, but I am also here
representing other voices and those voices come from the community as it relates to your
impending vacancy and whether or not it is an appointment of an interim mayor from
internal or from external forces, I think we need to — at least from the community I talk with
want you to be aware of a certain level of feeling and what we think is also impact that
should be transmitted to the council. While some of this conversation might be premature,
we know some of the conversation is discussing about what is going to happen next is
already occurring. Part of it is the integrity. We know all systems have to be transparent.
There are opportunities for other voices to be heard and I don't have to lecture you about
the importance of the role of the Mayor of this particular town so whether or not your
consideration is for someone who is currently on the town council or from outside, the
reality is I think there should be some criteria. We don't get a chance in an election often to
actually look for those types of requirements. You have a privileged opportunity as a town
council to really now talk about what it is that you need in some interim period before the
next election and I think those types of criteria should be very carefully vetted and publicly
announced, whether that is an internal or external appointment for whatever length of time.
I think the integrity piece is also important to remember that as a town, we represent many
voices and many interests and having those interests identified is also another opportunity
that you have in an appointment or a selection to engage the community that maybe not be
engaged today and engage them in ways whether it is a process or an outcome that allows
us to really take a look at how our town has grown and who is involved in our town
leadership. I think the final point is you have an opportunity to help this town remember its
nonpartisan commitment and it's spirit of cooperation despite your own individual interests
in the position or your own interests whatever party affiliations you may belong to. This
town requires you to set some of those things aside. I am not saying that you haven't put
the town first, but this is an opportunity to really look at in an interim period what this town
really needs and what it could benefit from to assist you in doing your job as members of the
town council. So, I wanted to come tonight, to early on, and I'm sure I will be here other
nights as other forums open up to at least to begin to share that with you and hopefully that
can be part of your considerations and deliberations and whatever time frame you start to
make your next moves for at least an interim appointment of Mayor.
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COUNCIL MEETING December 8, 2015
Gladys Burke and Mary Randolph: We are both long time Leesburg residents.
Madam Mayor and other members of the town council and the town staff, both Mary and I
have appeared before you numerous times in the past. This is a light moment. We have
both come just to thank our mayor for her years of service and I think I read someplace that
you were mayor like 13 years and you were on the Town Council before that. I thought
wow how time really flies. Mr. Campbell kind of stole our thunder a little bit because you
really are the epitome of leadership. Just your service to every sector of the town of
Leesburg and the way you represent us when you are outside of the town of Leesburg. I am
just so proud to having been able to call you my mayor and I look so forward to just seeing
how you operate on the Board of Supervisors and so, I am going to miss you. I am going to
miss coming to see you there.
Mary Randolph: I want to say the same thing. I am going to miss you. Whenever
there is something going on in Leesburg and I happen to go out of the home and you are
there. [inaudible].
The Petitioners Section was closed at 8:24 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the following
items were moved for approval as the Consent Agenda:
a. Project Administration Agreement with the Virginia Department of Transportation for
the East Market Street(Route 7)and Battlefield Parkway Interchange Project
RESOLUTION 2015-142
Project Administration Agreement to Authorize the Virginia Department of
Transportation to Administer the East Market Street(Route 7)and Battlefield
Parkway Interchange Project
b. Appropriation of Refund Check to Fiscal Year 2016 Police Department Budget
RESOLUTION 2015-143
Approving a Supplemental Appropriation in the Amount of$1,770 to the Fiscal Year
2016 General Fund Police Department Budget
c. Temporary Portable Storage Units
RESOLUTION 2015-144
Initiating Amendments to the Leesburg Zoning Ordinance for the Purpose of Updating
Definitions and Use Standards Related to Temporary Portable Storage Units,
Including, but Not Limited to Articles 9, 10, 11 and 18
d. Endorsement of the Public Hearing Design Plans for the Sycolin Road Widening,
Phase IV Project
RESOLUTION 2015-145
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Endorsement of the Public Hearing Design Plans for the Sycolin Road Widening Phase
IV Project
e. Making an Appointment to the Environmental Advisory Commission
RESOLUTION 2015-146
Making an Appointment to the Environmental Advisory Commission
f. Initiating Amendments to the Town Code Chapter 34(Utilities)
RESOLUTION 2015-147
Authorizing the Town Manager to Advertise a Public Hearing and Initiating
Amendments to Chapter 34 Articles II and III and Appendix B of the Leesburg Town
Code Establishing and Revising New Sections and Various Water and Sewer Charges
and Fees
g. On-Premises Food Service in Convenience Food Stores and Service Stations
RESOLUTION 2015-149
Initiating Amendments to Articles 9 Use Regulations and 18 Definitions of the
Leesburg Zoning Ordinance in Order to Redefine and/or Establish Updated Standards
for Convenience Food Store and Service Station Uses
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Fox, Hammler, Martinez, and Mayor Umstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Residential Permit Parking on Liberty Street NW Between West Market
Street and Cornwall Street—Town Manager's Public Hearing
The public hearing was opened at 8:32 p.m.
Calvin Grow explained the proposal to institute a permit parking zone on
Liberty Street, NW between West Market and Cornwall Street, NW.
Key Points:
• Residents have expressed concern over lack of available parking between 9
a.m. and 5 p.m.
• Public Works has conducted a preliminary survey over the last two months
and the results reveal that the criteria listed for a permit parking zone in the
Town Code has been met.
Kurt Ascherman: 13 Liberty Street, NW. "This is very simple really. Of the
extension of Liberty Street where there is already permit parking behind and there is
permit parking up on Cornwall. It is literally just between 9 and 5 on Monday
through Friday when we can't park on our own street. A lot of the merchants in
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town actually park on Liberty Street—leave their car there all day so they can come
down and work even though there is a big parking lot at the end of the street they can
possibly use. We are just asking to get the same rights extended to our side of
Liberty Street as just on the other side. You know, we can go to Starbucks and come
back and find a place to put the car. It's as simple as that. I know Michael Baker is
here as well who lives on the corner. Mr. Dentler—we hope. We don't need a hug.
Mr. Grow is a prince. He took me through this whole process. He was very patient
with me. Told me how to go about it and what I had to get done to get it done. He
was always responsive. He responded to every email and every phone call. He was
terrific. I want to make sure to say that.
Michael Baker: "My dad owns 202 West Market Street. He also owns 9
Liberty Street, which is behind Kurt's property. We have a right of way that is
shown on 202 between 202 and 13 and then there is the garden shed to the south and
then there is a parking slot there. And often times now, my dad's parking slot is
blocked. Kurt has permission to park in that alleyway which belongs to 206. That is
often blocked. This is something that is reasonably new. Something that has
occurred in the last year or two and I think one of the problems is the fact that the
town has upped the meter rates. I know some merchants don't like to pay to park in
the town garage. That is where they are parking. It would be great if you all could
do something with this and it is favorable to us.
The public hearing was closed at 8:38 p.m.
11. RESOLUTIONS AND MOTIONS
a. Outdoor dining on Public Sidewalks
On a motion by Vice Mayor Burk, seconded by Council Member Butler, the following
was proposed:
RESOLUTION 2015-148
Initiating Town Code Amendments and a Permit Process to Authorize and Regulate
Outdoor Dining, Including the Service and Consumption of Alcoholic Beverages, on
Town Sidewalks and Public Right of Way
Council Comments/Questions:
• Burk: This is just to, if I understand it correctly, this is to make sure we have
a public hearing on the idea of outdoor dining on the public sidewalks, so we
need to hear from the public first.
Staff answer: To amend the Town Code—that's what it would take to have
dining and alcoholic beverages on the sidewalk—there would have to be a
public hearing, yes.
• Burk: That's all it is —to initiate that public hearing.
Staff answer: Correct.
• Dunn: Actually my understanding is that's not correct. This is to initiate not
just a public hearing—but to initiate the changes to the town code.
Staff answer: Yes, in order to change the town code, you must have a public
hearing.
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• Dunn: Right, but this it to initiate changes to the town code. There will be a
public hearing that includes that, but if we were not initiating changes to the
town code, we wouldn't need a public hearing.
Staff answer: Right.
• Dunn: So,just to be clear, I am not opposed to any public hearings. I am just
opposed to initiating the consumption of alcohol on public property.
• Burk: Is that really what we are doing? Are we going to be doing that that
night?
Staff answer: Yes, if the ordinance passes. The public hearing is in order for
the public to weigh in on the ordinance and if you will vote that night. You
could continue it and the discussion would continue, but the goal—this is to
initiate changes to the town code to allow for alcoholic beverages to be served
on the town sidewalk and for dining to occur on the town sidewalks under
permit.
• Burk: This is the final step in the process that we started 8-10 years ago. We
are finally getting to the point where the sidewalks are almost completed so
this is the culmination of what we had envisioned. I am delighted to be able
to bring this forward.
The motion was approved on the following vote:
Aye: Burk, Butler, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: Dunn
Vote: 6-1
b. Expanding the Service and Consumption of Alcohol at Town Facilities
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following was proposed:
RESOLUTION 2015-150
Initiating Town Code Amendments to Expand the Service and Consumption of
Alcoholic Beverages in Town Facilities
Council Comments/Questions:
• Martinez: I think this follows the same line as the previous resolution.
• Fox: I guess I don't understand why we want to expand this. Can somebody
explain that to me. I just fail to see why it is an issue.
• Martinez: One of the reasons, we already serve wine and we already allow
wine and beer at our different facilities now and one of the reasons we want to
expand it is there have been several instances of us losing opportunities to rent
out the hall and one the reasons is not being able to serve alcohol. I am
imaging we will have an opportunity to use Ida Lee for a lot more events than
it currently is being used for and there are other facilities in town for an event,
it could be appropriate.
The motion was approved on the following vote:
Aye: Burk, Butler, Fox, Hammier, Martinez, and Mayor Umstattd
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COUNCIL MEETING December 8, 2015
Nay: Dunn
Vote: 6-1
c. Town Council Meeting Calendar for Year 2016
On a motion by Council Member Butler, seconded by Council Member Fox, the
following was proposed:
RESOLUTION 2015-151
Setting the Calendar Year 2016 Town Council Calendar
Council Comments/Questions:
• Butler: The following changes are included in this motion—March 21-22 is
moved to March 28-29, November 7-8 is moved to November 14-15, and
November 21-22 pair to November 28-29. The reason for these is because in
my opinion the most important function of Council is to listen to the public
and all three of these dates are problematic for different reasons. March 21-22
is during spring break and a lot of residents are out of town. November 8,
when we hear from the public, is election day where a lot of residents are out
either voting or watching returns. In this case, during a presidential election,
I suspect a lot of them would be doing that. On November 21-22, especially
the 22nd, is the last day of school prior to Thanksgiving and so a lot of
residents will have taken off and be out of town by then. So, to preserve the
maximum availability of residents to provide their input to Town Council,
that's why I recommend these changes. Note that the way the calendar falls,
we still preserve at least two weeks between every set of Council meetings so
there would be no case where Council meetings are back to back in
consecutive weeks. We did something very similar four years ago when
Election Day was also on a Tuesday and it seemed to work fine. Where the
two week break and the three week break is, it doesn't really matter.
• Fox: I don't really— I like the three week breaks, but I am willing to go with
those two week breaks. I think it was explained well and that's why I
seconded.
• Hammier: I appreciate Dave and Suzanne going through this carefully
because in years past, we had conflicts with things like Spring Break and so
forth and of course election day is really important. So, thank you.
• Martinez: I appreciate Dave repeating slower, and repeating slower. I have
no problem with it all.
• Burk: I have no problem with it. I brought up the whole idea of the
November 8 because of being the election year, but I thought it was really
good that we were able to look back and forth using email and conversing
with each other on that regard. I think this is a good solution.
• Dunn: I did have a question. Do we normally just have off a week in August
or do we always have off the second week in December—the second meeting.
I thought that we used to meet at some point twice in December.
• Butler: No. Not since we have been on Council.
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• Dunn: No? Okay, I must be dreaming about it, I guess. I generally—I don't
think I have ever voted for these changes. I think it is important that we keep
the dates that we are supposed to keep for the public's knowledge. Shoot, if
you change them, I might forget, which is not surprising. I am going to have
to vote no on these changes. I'd rather keep the calendar like it is just for
consistency.
The motion was approved by the following vote:
Aye: Burk, Butler, Fox, Hammier, Martinez, and Mayor Umstattd
Nay: Dunn
Vote: 6-1
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. COUNCIL MEMBER COMMENTS:
Council Member Dunn: Just a couple of things. I would say to answer your
questions, Andrew you ran out of time on the big gong there for us to be able to ask
questions during your time. I am not opposed to answering any questions you would like to
ask. You and I have had numerous conversations over—what has it been, years now? And
I think that I have been very open with you about our process and where we are on this. It
does come down to is this an issue that is not just important to Council. You have to have
it important to at least four people on Council to make a vote to move in one direction. I
know that your issue has been discussed between council members and with Kaj and there
did not seem to be four members who felt that it was enough to rise to the level of taking
action. I was not one of those who felt that way. I felt that it did warrant some second
look. It is very tough though, as we have discussed, for Council to get involved in personnel
issues and that we really have one personnel issue and that is with the town manager. If we
feel that there are many—not just your issue, but possibly other personnel issues that
warrant some type of discussion with the town manager or issues of considering renewing
his contract or possible raises or just a reprimand, then those are things that we have to take
into consideration, but personally I don't feel that you were treated properly in this process
and I think that we could have done a better job. With that, I would like to wish everyone a
very merry Christmas.
Council Member Butler: I would definitely like to wish everybody a very merry
Christmas, but I also have at least one other chance to expand on these remarks, but I
would just like to say thank you for your service for the last—has it been 13 years— 13 1/2?
Well, it has been 100 percent of the time I have been on Council, you have been the mayor.
But over those years, I think you have always run a good meeting. You have always been
very fair to the people that are on Council. Often times, probably more times than we'd like
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to admit, you've kept us from throwing things at each other and killing ourselves. So, you
have also been exemplary in how you have treated the public. I think and also maybe most
important you have been very knowledgeable in the law and on the budget so you have kept
us on track. I know that probably the only thing that has saved you during your mayoral
stint is getting those five votes to pass the tax rate. I can almost see the thoughts in your
head when addressing the council like dear God, I don't care what the tax rate is,just get us
five votes. But, we always have without too much delay and a lot of that was due to your
leadership. You have been very resolute on some of your priorities so I think that speaks
very well to you. Hopefully whoever follows in your footsteps will at least be half as good
as you have been.
Vice Mayor Burk: For disclosure, I met on November 30 with Molly Novotny and a
representative from Federal Realty about a coffee place in the shopping center. I want to
wish everybody a merry, merry Christmas. I thank everybody for coming out. And Kristen
I want to thank you for all of your service to the residents of Leesburg. You were on
Council for ten years, right? And then as Mayor for 13. That's a long time, but you really
epitomize civility and grace. Thank you very much. We are delighted that you are going
to the Board. I look forward to working with you. It will be great to have a friend back on
the Board up there. So, thank you again for all of your service. We look forward to
working with you. We are better for you having been here. We will miss you.
Council Member Martinez: I want to thank Ron for hanging around and listening to
us. I appreciated his comments and to thank him for joining the EAC as my appointee. I
really appreciate it. The comment I wanted to make is a lot of times people ask why do you
want to be on Council and this evening other than having a fairly short meeting which I am
extending by quite a bit, today you know we had great examples of community
involvement, especially in the youth. They really showed us we have a lot to look forward
to with them coming forward. You know, the EAC, the Tolbert Award, the Special
Olympics and the volunteers that help with that and the cross country. If any of you don't
know what it takes to be a cross country runner, it takes a lot of commitment of running in
good and bad weather, morning and evenings and it is not just a mile. They run miles every
day. It is just phenomenal they come back and do it twice. I am really excited about those
kinds of things. It makes it really nice. What doesn't make it nice is when we lose quality
employees who are retiring. That segways right into you. Why are you doing this? I have
known you since you've been on Council. I think we all know about the first email I sent
you and it had to do with some stuff within the town that you showed a lot of integrity and
commitment to, what you think is right and willingness to be criticized and have a lot of
peer pressure on you. From then on, you have never disappointed. Exceeded expectations
and I just want you to know all this time on Council—I actually came on Council the first
year you became mayor. So, we have been together a long time and I am going to miss
you. The last thing is, Holiday Parade. Let's not forget that. I was planning on being in it,
but I think I might not be able to make it. It depends on the timing for it. I am going to try.
I am looking forward, if I do make it, to see everybody at the parade. All have a very merry
Christmas and please have a safe new year's.
Council Member Hammier: I wanted to start with a quick thank you to the Board of
Supervisors for picking up the full fee for the School Resource Officer at Douglass. That is a
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COUNCIL MEETING December 8, 2015
Segway to my saying I don't feel we are saying goodbye, Kristen. We are simply saying
thank you for stepping up to be our representative at the County level and we are obviously
working extremely closely with you, but we will certainly miss you here at Council
meetings on the dais. And not only are we celebrating your 23 years of service, but
obviously from my perspective, I remember the day that you were elected mayor and had
the swearing in ceremony because I came with my two-year-old in a stroller and I distinctly
remember you holding up Kendrick in your arms. So I think of your many years of sacrifice
and all the sacrifices that your family made over these many years and I also think about
you've been a wonderful role model for children. You have been so willing to participate in
the activities that are visible that they see and it makes such a difference, especially as an
elected female leader and your dedication to Kendrick and your family while you have been
serving as mayor, has been just a wonderful thing to watch and learn from and to see what a
remarkable, successful woman she has become through those many years. As a Navy
Veteran and all the tremendous things you bring in terms of appreciating that in our
citizens. Just want to— on behalf, I know, of so many of us, I just want to thank you for all
that you have done for our town. For me, as a woman looking at you as a mentor, I just
appreciate the leadership you have brought to being our representative as mayor.
Council Member Fox: I would like to address Mr. Borgquist as well and just let him
know that I do mirror some of Tom Dunn's, Council Man Dunn's comments and I do hope
that you find a resolution that is to your liking on your issue. I kind of admire you for
coming out week after week and stating your case. It is what it is all about. We always like
to hear from you. I also want to talk about Hope Parkway just a little bit. I went to the
ribbon cutting. I am very excited about that little piece of road. It is a nice addition to
Leesburg and I think it is very much needed. Having that happen and come in under budget
was a nice thing to have happen. I also [inaudible]. I don't feel like we are saying goodbye.
However, I do feel a little bit jipped. I only got a year with you, but at the same time I know
that we will probably work together in the future as well. So, good luck to you and we will
see you soon, I'm sure. I just want to say merry Christmas as well.
16. MAYOR'S COMMENTS
Some of you got bags of candy. That is the guys. The gals up here got something a
little bit more. That was from the mayor's favorite elf. I actually have another bag of candy
and if you need more candy, I can give you more candy. It has been a real pleasure working
with everybody up here. This has been one of the best council's we have had. It is a very
professional council. You guys put a lot of time into it. I am not going to say a whole lot
tonight except to say I have ordered for each and every one of you an illustrated version of
the T'was the Night Before Christmas. So, I am hoping that will be in my hands by early
next week, but if it is not, you will find it in your boxes wrapped before Christmas. That is
the thing to keep going because it can get really hectic trying to make sure everybody gets an
equal amount to speak. If I don't give Kelly as much as other people, I get kicked. But, you
have all been a real joy to work with as have town staff members including Dentler, the
snarkiest town managers I have ever worked with and one of the most fun. I am just going
to turn it over to you, Kaj and ask you to elaborate on what the heck you were talking about
in the conference room when I came in and you shoved me back out the door.
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COUNCIL MEETING December 8, 2015
17. MANAGER'S COMMENTS
I can't disclose that information at this time, but I know we will be saying our
farewells and best wishes to you next week, so I'll be short. On behalf of the staff, I would
,._ certainly like to thank you for all of your kindness and graciousness and professional
leadership that you have shown. You have been with the town since '92, I believe. I started
in '96. A lot of our staff, some who have retired this month, have been with you a long time
and people very much appreciate the fun that you have brought to the office and the
leadership you have brought to the town. So, thank you very much on behalf of the staff.
We wish you the best.
18. ADJOURNMENT
On a motion by Vice Mayor Burk, seconded by Council Member Butler, the meeting was
adjourned at 8:57 p.m.
Kell Burk, Vice Mayor
Town of Leesburg
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