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HomeMy Public PortalAbout2016_tcmin0223 COUNCIL MEETING February 23, 2016 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Butler presiding. Council Members Present: Kelly Burk, Thomas Dunn, II, R. Bruce Gemmill, Katie Sheldon Hammler, Fernando "Marty" Martinez, Suzanne Fox, and Mayor Butler. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Director of Finance and Administrative Services Clark Case, Director of Utilities Amy Wyks, Director of Capital Projects and Public Works Renee Lafollette, Director of Planning and Zoning Susan Berry Hill, Interim Police Chief Vanessa Grigsby, Assistant Town Manager Tom Mason, Assistant Town Manager Scott Parker, Director of Plan Review Bill Ackman, Management Analyst Jason Cournoyer, Management Analyst Cole Fazenbaker, Library Manager Alexandra Gressitt, Director of Parks and Recreation Richard Williams, Human Resources Manager Mark Hauer, Information Technology Manager Annie Carlson, Network Administrator John Callahan, Public Information Officer Betsy Arnett, Environmental Planner Irish Grandfield, Airport Manager Scott Coffman, and Executive Associate Tara Belote. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Council Member Dunn 3. SALUTE TO THE FLAG was led by Vice Mayor Burk 4. ROLL CALL showing all members present. 5. MINUTES a. Special Session Minutes of February 8, 2016 On a motion by Council Member Hammler, seconded by Council Member Dunn, the special session minutes of February 8, 2016 were approved by a vote of 7-0. b. Work Session Minutes of February 8, 2016 On a motion by Council Member Hammler, seconded by Council Member Dunn, the work session minutes of February 8, 2016 were approved by a vote of 7-0. 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Fox, seconded by Council Member Hammier, the meeting agenda was adopted as presented by the following vote: Aye: Burk, Dunn, Fox Gemmill, Hammler, Martinez, and Mayor Butler Nay: None Vote: 7-0 7. PRESENTATIONS a. Certificates of Appreciation—Friends of the Thomas Balch Library Board 1 I Page COUNCIL MEETING February 23, 2016 Certificates of Appreciation were presented to the following members of the Friends of the Thomas Balch Library Board of Directors for their service to the Library: Dan Morrow Ann Daye Derrick Clark The Honorable Thomas C. Horne Phil LoPresti b. Presentation—Environmental Advisory Commission Energy Conservation Spencer Morgenthau stated that over the past year the Commission has been working analyzing energy consumption within town facilities. Key Points: • Total of approximate $2 million on electricity and heating fuel spent on town facilities. • About$1.8 million spent at six facilities, Water Pollution Control, Ida Lee, Water Treatment Plant, Airport, and street lights. • No single system for tracking or analyzing data. There was consensus to place this on a future work session for discussion. c. Presentation—Proposed Fiscal Year 2017 Budget Kaj Dentler presented the proposed budget for the upcoming fiscal year Key Points: • Includes the General Fund, Utilities Fund, and the Six Year Capital Improvements Program. • Second year of the two-year budget cycle. • Debt service will rise—this is the "fiscal cliff". • Savings from health insurance contract can be put towards payment of the overhead costs of the capital improvements program. • Equalized tax rate plus cost of inflation is proposed. • Average 3% pay for performance increase for employees. • 75% of all funds go to a combination of capital projects and debt service. • 24% of all funds come from intragovernmental sources —Federal and State. • Parks and Recreation and Meals Tax bring in about 5% each. • Sluggish economy on a national level is keeping assessments level. • Based on the average assessment, increase in tax bill in FY 2017 is approximately $4. • Proposing a tax rate of 18.72% • Enhancements include: o Downtown improvements - $60,000. o Convert contract employee to a staff employee in the IT Department 2 I Page COUNCIL MEETING February 23, 2016 o Replacement police in-car cameras and body cameras. o Town Hall Repairs o Council Chamber Audiovisual improvements • Capital Improvements: o South King Street widening o Battlefield Parkway o Catoctin Skate park • Increase resources or change service level expectations. • Only town in Virginia that is triple A rated by all three agencies. 8. PETITIONERS The Petitioners section was opened at 8:12 p.m. Michael Banzhaf: 122 Chesterfield Place, SW. Thanked Council for initiating two resolutions for text amendments for I-1 and PRC zoning districts. He stated they are both good government opportunities. He described the reasons that these text amendments are necessary. Andrew Borgquist: Stated he is speaking on the same issue he has been speaking on numerous occasions. He stated he was a town employee for many years. He stated the town has a low service expectation for employees. He stated his opinion that he was treated poorly and despite the fact that personnel issues are a town manager's job, if the personnel issue is with the town manager, then it is a council issue. He questioned whether council believes he was treated poorly. He questioned that if the answer is yes, why has council done nothing and if the answer is no, why the council does not see that this is something that they need to pursue. He stated he is available for questions if someone wants to discuss it further. Ron Campbell: Stated it is appropriate tonight to start with a quote from Martin Luther King, Jr. — "The time is always right to do what is right". He stated he would like to point out a few issues of concern with the budget. He stated that somewhere in the council's budget deliberations, investment in the people of Leesburg should be discussed. He stated it would be a travesty if none of the economic wealth generated by the citizens of the town benefits the citizens of the town through contracts with entities outside the town. He expressed concern that 80 percent of the employees do not live within the town. He suggested having some public meetings on the budget in other locations to enable more people to have a voice in the budget process. John Burnham: 114 Slack Lane, N.E. Stated the neighbors were dismayed at the size of the courthouse parking garage. He stated that he has an issue with the construction hours for the parking garage. He stated that the hours in the code are generally for residential construction in a residential neighborhood and do not take into consideration the size of the equipment that will be necessary for constructing the garage. He stated the town council can change the number of spaces that are required for the parking garage. He requested that the Council change the number of required spaces so that the garage could be downsized to three levels. 3 Page COUNCIL MEETING February 23, 2016 Jimmy Csizmadia, 115 Carlton Street, SW. Congratulated Mr. Gemmill on his appointment. He stated he is on the Standing Residential Traffic Committee (SRTC). He stated they have been asked to review a proposed crosswalk at Battlefield Parkway and the Leesburg Bypass. He stated they have asked staff to give them more information, but based on what they currently know, the SRTC does not believe it will be a good idea. He stated at 4 feet per second for the average pedestrian, they will not be able to clear the intersection in one light cycle. He noted that they would be stranded in the median strip until the light changes again. He requested that Council not make any decisions on this until the SRTC has time to fully review the proposal. Further, he stated that he opened several streets with his personal pick up because it was not getting cleared during the big snow storm. He stated the resources that were deployed to clean up the downtown before all the town residents were able to get out was a very bad decision. Ken Reid: Congratulated Mayor Butler and Bruce Gemmill. He offered his assistance to them. He urged the Council to approve the special exception for the courts including the fourth deck on the garage. He stated the county may not necessarily need to build it and expressed his hope that the county may be able to make an arrangement with the developers of Courthouse Square to park their overflow. He cautioned the Council to not give the Board of Supervisors a reason to move the county government out of town as that would cause the death of the town. He stated that the downtown needs residential. He stated he would like to convene a meeting between commercial brokers and landowners Bob Sevila: Congratulated the Mayor and Bruce Gemmill on their appointments. He stated he came two weeks ago and requested an amendment to the Zoning Ordinance regarding the I-1 zoning district and allowing flex industrial uses. He stated this will help alleviate the tax burden of the residents. The Petitioners section was closed at 8:42 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Hammler, seconded by Council Member Fox, the following consent agenda was proposed: a. Performance Guarantee and Water and Sewer Permits for Village at Leesburg— Interim Pump Station (TLPF2006-0016) RESOLUTION 2016-019 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Village at Leesburg—Interim Pump Station (TLPF2006-0016) b. Performance Guarantee for Public Improvements at Crescent Place Harrison Street Roadway Improvements(TLPF2014-0016) 4 I Page COUNCIL MEETING February 23, 2016 RESOLUTION 2016-020 Making a Reduction of the Performance Guarantee for Public Improvements at Crescent Place—Harrison Street Roadway Improvements(TLPF2014-0016) c. Performance Guarantee for Public Improvements at Crescent Place—Phase 1, 2& 3(TLPF2014-0025) RESOLUTION2016-021 Making a Reduction of the Performance Guarantee for Public Improvements at Crescent Place—Phase 1, 2&3(TLPF 2014-0025) d. Making Appointments to the Environmental Advisory Commission (Dunn and Burk) RESOLUTION 2016-022 Making Appointments to the Environmental Advisory Commission (John Hilton and Sherry Wetherill e. License Agreement between the Town of Leesburg and Century Link Communications, LLC for Telecommunication Facilities in Town Right of Way RESOLUTION2016-023 Authorizing the Town Manager to Execute a License Agreement Between the Town of Leesburg and Century Link Communications, LLC for Telecommunications Facilities in Town Right-of-Way f. Amending Previously Approved Motion 2015-018— TLZM2013-006 Crescent Parke MOTION2016-004 I move that staff and the Planning Commission be directed to forward TLZM 2013-0006 Crescent Parke back to the Town Council such that the application may be advertised for new Town Council public hearing on or bcforc March 8, 2016 as expeditiously as possible g. Agreement with Panda Stonewall, LLC for Water Pollution Control Facility Upgrades RESOLUTION2016-024 Authorizing the Mayor to Execute an Agreement with Panda Stonewall, LLC, in Relation to Water Pollution Control Facility Upgrades for the Reclaimed Water Line h. Economic Development Commission Appointment(Butler) RESOLUTION 2016-025 5 1 Page COUNCIL MEETING February 23, 2016 Removing an Appointee and Making an Appointment to the Economic Development Commission The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Fox, Gemmill, Hammler, Martinez, and Vice Mayor Burk Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. None. 11. RESOLUTIONS AND MOTIONS a. Initiating a Zoning Ordinance Amendment— Commuter Lots in the I-1 On a motion by Council Member Hammier, seconded by Council Member Fox, the following was proposed: RESOLUTION 2016-026 Initiating Amendments to the Leesburg Zoning Ordinance for the Purpose of Updating the Appropriate Zoning District Use Standards and Performance Regulations related to Commuter Parking Uses Including, but not Limited to Article 6 and 9 Council Comments: • Hammier: Stated this is important in order to provide parking for the residents to access the Silver Line. She noted that the proposed location is under the power lines and a reasonable request. • Dunn: Encouraged staff to work as quickly as possible on this since a lot of the initial work establishing the wording has been done by the private sector. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None Vote: 7-0 b. Initiating a Zoning Ordinance Amendment—Flex Industrial On a motion by Council Member Hammier, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2016-027 Initiating Amendments to the Leesburg Zoning Ordinance for the Purpose of Updating Definitions, Use Standards, and Performance Regulations Related to Flex Industrial Uses Including, but Not Limited to Articles 6, 9, 11 and 18. Council Comments: • Hammier: Stated that this moves the town in the right direction in terms of increasing the town's commercial towards the 30 percent mark and the 6 I Page COUNCIL MEETING February 23, 2016 more the town can stay focused on commercial investment, the better it will be for the residents. • Dunn: Stated this is a definition that has been needed for a long time and encouraged staff to work quickly to move this forward. • Fox: Thanked Mr. Sevila for his comments and expressed her agreement with the request. • Hammier: Noted that this is only an initiation. She encouraged everyone to get the word out as Council looks forward to hearing from the public. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 c. Initiating a Zoning Ordinance Text Amendment—Planned Residential Community On a motion by Council Member Dunn, seconded by Mayor Butler, the following was proposed: RESOLUTION2016-028 Initiating Amendments to the Leesburg Zoning Ordinance for the Purpose of Updating the Planned Residential Community District to Revise or Replace the Required Ratio of Commercial to Office Land Use Including, but not Limited to Amendments to Articles 8, 9, and 18. Council Comments: • Dunn: Stated this is a very useful ordinance that will help the community. He encourage staff to work with Mr. Banzhaf as it will help with future residents and businesses in town. • Butler: Agreed with Council Member Dunn and noted that this is just an initiation to be reviewed by staff and the Planning Commission. • Hammier: Questioned how the ratio off commercial to office land use would change with this initiation. Staff answer: Stated that the objective is to make it more flexible than it is right now because there is a very specific commercial to office ratio and the objective is to also allow the council some flexibility as each project is reviewed to pick the right ratio for each individual project. • Hammier: Stated her intention not to support this change. She stated increasingly what happens over time is that localities cannot maintain an adequate balance because what is submitted is increased residential and a preponderance of retail. She stated that office space is needed to bring jobs to Leesburg. • Dunn: Reminded everyone that this is simply an initiation which would give plenty of time for the public, staff, and the Planning Commission to review. Further, he stated this is nothing different than what has already been done on an individual basis in other places throughout town. 7 I Page COUNCIL MEETING February 23, 2016 The motion was approved by the following vote: Aye: Dunn, Fox, Martinez, and Mayor Butler Nay: Burk, Gemmill, and Hammler Vote: 4-3 12. ORDINANCES a. Loudoun County Courthouse Expansion i. TLZM 2015-0002 Loudoun County Courthouse Expansion Irish Grandfield stated that the town received proffers at 5 p.m. today. He distributed copies to Council to show the changes. He stated the applicant has provided three proffer changes in response to Council's work session discussion: • Add flexibility on how the offsite transportation improvement proffers can be spent. • Provide money for residential parking permit zones along Slack Lane and North Street, should the town designate these areas as such. • Language relating to the fourth tier of the parking garage to not use it until necessary. Mr. Grandfield stated that the ordinances provided in the Packet referred to a proffer date of February 22 and it should be February 23. Mr. Gemmill recused himself from the discussion because he is an officer at John Marshall Bank. On a motion by Council Member Hammier, seconded by Council Member Fox, the following was proposed: ORDINANCE 2016-0-004 Approving Concept Plan and Proffer Amendment TLZM2015-0002 Loudoun County Courthouse Expansion to Allow a 92,000 square foot Courts Expansion at 2 Church Street, Northeast Council Comments/Questions: • Hammier: Questioned whether staff had any input on the parking issues. Staff answer: Stated that the parking was developed cooperatively with the county. • Hammier: Questioned whether the numbers needed been reevaluated since the original submission in 1998. Staff answer: Stated that they have not been reevaluated, but the town performed a parking study in March. He stated the results show that the Pennington lot was less than 60 percent utilized. 8 I Page COUNCIL MEETING February 23, 2016 • Hammier: Questioned whether the County could comment on the 9 o'clock construction stop time. She also questioned whether this would extend the duration of the construction. Applicant answer: Stated that the county is willing to compromise on the 9 p.m. stop time \ • Fox: Questioned whether the county was open to continuing to have a conversation on some of the resident concerns. Applicant Answer: County staff confirmed that they would be open to continuing to work on the resident concerns. • Hammier: Requested clarification on the intersection improvements at Edwards Ferry Road and Catoctin Circle. She questioned whether the language had been changed to give some flexibility on how the money could be applied to parking facilities. Notar: Stated that under the State Code transportation improvements would allow parking facilities. • Dunn: Expressed concern about the overall cost of the process and the fact that the need for the courthouse would not be realized for at least eight to ten years. Further, he stated his disappointment with the county's unwillingness to look at design options that would allow the historic homes on Edwards Ferry Road to be preserved. He stated that the threats to move either or both the courts and the County government out of town were in bad form and an effort to instill fear in the citizens. He noted that moving viable businesses in to those spaces, there would be a more positive impact to local businesses downtown than what is seen by 9-5 government uses. He stated he would vote against it if he thought it would do any good. • Burk: Questioned the meaning of"the fourth tier parking shall not be opened until the county deems necessary"? Staff answer: Stated that this was added in response to the request made at the work session from Mayor Butler. • Hammier: Asked for clarification as to the interrelated nature of the three legislative actions that would be needed. Staff answer: Stated that all three pieces of legislation need to be approved in order for the courthouse expansion project to move forward. • Hammier: Thanked everyone for working together. She noted that this project represents an approximate $65 million investment in Leesburg's downtown and is very important to the future of the historic downtown. She stated that approval of this project tonight will put the county in a good place to partner with the town to find other workable solutions to the parking situation. Further, she stated that there will opportunities for the town to partner with others to bring the parking that the town needs central to Market Station. She stated she has several dialogues ongoing on creative ways to move the historic buildings. 9 I Page COUNCIL MEETING February 23, 2016 The motion was approved subject to the amended proffer that the county has agreed to stop construction by 9 p.m. and the amended proffer date by the following vote: Aye: Burk, Dunn, Fox, Hammier, Martinez and Mayor Butler Nay: None. Vote: 6-0-1(Gemmill abstaining) ii. Town Plan Amendment Application TLTA 2015-0001, Pennington Lot Land Use On a motion by Council Member Hammier, seconded by Council Member Fox, the following was proposed: RESOLUTION 2016-029 Adopting Town Plan Amendment TLTA 2015-0001 Amending the Town Plan Land Use Policy Map to Replace the "Low Density Residential" Planned Land Use Category with "Downtown"on the Pennington Lot and Provide Parcel Specific Policy Language for Appropriate Land Use Council Comments/Questions: • Fox: Stated that the county has owned this land for 40 years with the intent to expand when needed. • Dunn: Questioned whether once these are approved that the county can go ahead and do what is approved unless they decide to change something. Staff answer: Verified that Council Member Dunn's statement is correct—that anything that is consistent with the concept plan and proffers, only administrative actions are necessary moving forward. However, the county has expressed willingness to discuss other possibilities and the approval for the garage is structured so that if a fourth tier is not needed, it does not have to be built. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Hammler, and Mayor Butler Nay: Martinez Vote: 5-1-1 (Gemmill abstaining) iii. TLZM 2015-0003 Pennington Lot Parking Garage On a motion by Mayor Butler, seconded by Council Member Hammier, the following was proposed: ORDINANCE 2016-0-005 Approving Application TLZM2015-0003 Pennington Lot Parking Garage to Rezone the Site from R-6 to GC to Allow a Four Story Garage to Provide Parking for the Courts Complex 10 I Page COUNCIL MEETING February 23, 2016 Council Member Dunn offered a friendly amendment to reduce the number of stories to three. The amendment was not accepted as friendly. Council Member Dunn offered a motion to reduce the number of stories to three. Ms. Notar noted that proffers are voluntary and cannot be changed without the applicant's consent. The motion was withdrawn. Tim Hemstreet, Loudoun County Administrator, spoke to the County's desire to expand parking for the county employees in order for all the functions that are presently housed there to remain. He stated their willingness to work with the town on finding other options that are closer to the government center. Council Comments/Questions: • Burk: Questioned which would be constructed first, the parking garage or the courts building. Hemstreet: Stated that construction would commence with the parking garage. • Hammier: Questioned what can be done to reassure the residents that the fourth floor will not be built if another option for parking can be found. Hemstreet: Stated that an agreement could be made to that effect. Further, he added that adding a fourth deck to the garage after construction is completed is impractical because it would require closing the structure once it is in use. • Butler: Noted that this ordinance was recommended for approval by the Planning Commission on a 5-1 vote. He stated that the issue of the lights may be a non-issue because they only come on if a car happened to be on the top deck at night which is unlikely because it is past normal working hours for county employees. He stated it is significant that the county is willing to close the fourth floor until it is needed. He also noted that if closer parking is found before construction begins, they will only build three floors of the garage. He also stated that both former supervisor Ken Reid and current supervisor, Kristen Umstattd, are in agreement that if the town does not approve the courts complex, a majority of the Board of Supervisors will take steps to move the county government out of Leesburg. He expressed his optimism that something could be worked out over the next few months that would make three floors of the parking garage sufficient. • Hammler: Stated her belief that it is very important for the future of the downtown that the courts remain downtown. She stated her hope that staff can come up with creative policies to add parking. • Fox: Stated Leesburg has been the county seat for almost 250 years and it stands to reason as the county grows, expansion will be needed. She 11 I Page COUNCIL MEETING February 23, 2016 stated if Leesburg wishes to remain the county seat, it needs to be flexible in its demands and expectations. She stated she is not enthusiastic about anything that puts downtown business or investment at risk. She added that the Pennington Lot has been owned by the county for 40 years in anticipation of the need for expansion, so a vote against the fourth floor of the parking garage would be a signal to the Board of Supervisors that the town is not willing to work with them to keep the government center downtown. She stated she is interested in what is best for the long term good of Leesburg as keeping Leesburg as the central hub of Loudoun plays an important role in continued economic and cultural growth as well as quality of life. • Burk: Stated she has no doubt that the fourth floor will be built no matter what. She stated the project has been improved, but is still disappointing that it is not what was hoped for. She stated she will personally hold the county responsible for the promise to hide the building behind the buffers and trees. She stated it is significantly important to her that the tree save is maintained as a forest that is hospitable for wildlife. She stated her understanding that the project needs to go forward. She thanked both the town and county staff for their work and expressed her hope that the inconvenience of this project will end up making things better, not worse. • Butler: Clarified that the garage will be open to the public and that if the emergency exit was to be converted to a regular exit, a proffer amendment would have to come before Council. • Dunn: Requested proof that the proffers include the possibility of not building the fourth level if it becomes unnecessary. Further, he stated the council could add stipulations to the proffers. Staff answer: The substantial conformance clause includes the words "may be developed". Mr. Grandfield noted that proffers are voluntary agreements and the town has no authority to change the proffers. They can request that the applicant change the proffers, but the applicant must be willing to do so. • Dunn: Stated that Council usually looks to the County for help with parking; however, now they are turning it around for convenience sake. He requested information on whether the town can use the county's parking garage. He expressed curiosity as to where the town could find parking for the county. He pointed out that this is for a courthouse expansion, not a government center expansion. He stated trading the parking garage for a government use that will be leaving isn't a good trade. The motion was approved by the following vote: Aye: Burk, Butler, Fox, and Hammler Nay: Dunn and Martinez Vote: 4-2-1 (Gemmill abstaining) 13. UNFINISHED BUSINESS a. None. 12 I Page COUNCIL MEETING February 23, 2016 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Vice Mayor Burk: Stated she is working with the Marshall Foundation and they will be having a rummage sale at Dodona Manor. She stated she attended Sen. Warner's talk at the Mason Enterprise Center on technology economy where lots of ideas were shared. She stated she went to the YMCA Chocolates Galore. She stated she attended a ribbon cutting at the Knutson model homes off Harrison Street. She noted that they are a great addition to the town. She stated she attended the Humane Society of Loudoun County's 50th Year Anniversary. She stated the group does a lot in the county to help animals. She noted that she would be appointing Teena Clayton to the Technology and Communication Commission. Council Member Hammier: Disclosed a few phone calls with Peter Burnett about the historic houses that are slated for demolition with the Courthouse expansion. She stated she had a conversation with Dieter Meyer trying to get some information about a parking structure back up plan. She stated she ran into someone at Coopers Hawk and discussed Don Knutson's residential rezoning application on King Street. She stated she is looking forward to Chief Price's retirement luncheon on Thursday. She welcomed Bruce Gemmill for stepping in as an interim council member. Council Member Fox: Disclosed a phone conversation with Mike Banzhaf concerning the proposed zoning amendment to allow commuter parking in the I-1. She stated she attended the Crescent Place ribbon cutting. She welcomed Bruce Gemmill to Council. Council Member Martinez: Had no comments. Council Member Gemmill: Stated his belief that Council would get a lot accomplished and that he looks forward to working with everyone. Council Member Dunn: Offered his condolences to Council Member Gemmill. 16. MAYOR'S COMMENTS Mayor Butler stated that it no longer appears that they will need to move forward with a text amendment for indoor recreation facilities because the applicant and the zoning administrator have worked it out. He stated he also attended the ribbon cutting at the Knutson Homes and the YMCA Chocolates Galore. He stated his intention to attend Chief Price's retirement luncheon. He welcomed Mr.Gemmill to Council for the next 10 months. He thanked staff for their hard work on the budget presentation. 17. MANAGER'S COMMENTS Kaj Dentler had no comments. 18. CLOSED SESSION 13IPage COUNCIL MEETING February 23, 2016 On a motion by Vice Mayor Burk, seconded by Council Member Fox, the following was proposed: Pursuant to Section 2.2-3711(A)(7)of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of discussion and receiving information regarding: a. Probable litigation—Exeter Pond/Dam Issue Council Members Hammier and Martinez disclosed that they are residents of Exeter and recused themselves. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, and Mayor Butler Nay None. Vote: 5-0-2(Hammier and Martinez abstaining) The Council convened in closed session at 9:51 p.m. The Council reconvened in open session at 10:30 p.m. On a motion by Council Member Fox, seconded by Council Member Gemmill, the following was proposed: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed, or considered in the meeting by Council. The motion was approved by the following roll call vote: Aye: Burk, Dunn, Fox, Gemmill, and Mayor Butler Nay: None. Vote: 5-0-2(Hammier and Martinez abstaining) 19. ADJOURNMENT On a motion by Council Member Fox, seconded by Council Member Gemmill, the meeting was adjourned at 10:30 p.m. avv&,_ David S. Butler, Mayor Town of Leesburg AT` T. Clerk of C•1; 2016_tcmin0223 14IPage