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HomeMy Public PortalAbout2016_tcmin0308 COUNCIL MEETING March 8, 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: Council Member Martinez arrived at 7:36 p.m. 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, Director of Economic Development Marantha Edwards, 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, Airport Manager Scott Coffman, Deputy Director of Parks and Recreation Kate Trask, Senior Engineer Anne Geiger, and Clerk of Council Lee Ann Green. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Council Member Fox 3. SALUTE TO THE FLAG was led by Mayor Butler 4. ROLL CALL showing all members present. 5. MINUTES a. Regular Session Minutes of February 9, 2016 On a motion by Council Member Dunn, seconded by Council Member Fox, the regular session minutes of February 9, 2016 were approved by a vote of 5-0-1-1 (Gemmill abstaining/Martinez absent). b. Special Session Minutes of February 22, 2016 On a motion by Council Member Dunn, seconded by Council Member Fox, the special session minutes of February 22, 2016 were approved by a vote of 6-0-1 (Martinez absent). 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Fox, seconded by Council Member Dunn, the meeting agenda was adopted as presented by the following vote: Aye: Burk, Dunn, Fox Gemmill, Hammler, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) 1 I Page COUNCIL MEETING March 8, 2016 7. PRESENTATIONS a. Certificate of Recognition—Michael Burnett, Head Coach, Tuscarora High School Varsity Football—NFL's High School Coach of the Year A Certificate of Appreciation was presented to Mr. Burnett, who is the recipient of the National Football League's Don Shula High School Coach of the Year. b. Introduction of Captain Vanessa Grigsby—Interim Chief of Police Kaj Dentler introduced Captain Vanessa Grigsby who has been selected as Interim Chief of Police until the hiring process is completed for the new Chief. c. Commission on Public Art Bike Mural Proposal Commission on Public Art Chair, Tom O'Neil, presented the Commission's recommendation for a public art mural in the town's parking garage along the wall where the bike rack is mounted. Key Points: • Costs to be covered by the Friends of Leesburg Public Arts • Work to be done by Commission members and high school art students. • Art work will feature a bike-related theme. 8. PETITIONERS The Petitioners section was opened at 7:44 p.m. Gwen Pangle, 604 Blue Ridge Avenue, stated that she is petitioning Council on behalf of McLister Enterprises. She stated he is requesting some changes to the lot size requirements for townhouses in the Historic District as this would allow him to fit three upscale townhomes on the lot he owns on Loudoun Street, S.W. She stated that Mr. McLister has renovated and rents out several buildings in the historic district. Further, she noted that he offers a rent break for those who qualify as an artist or an art based business. Andrew Borgquist, stated he has spoken to the Council on numerous occasions. He stated that the town has an expectation to provide the highest level of services to residents. Further, he stated he has been treated poorly by the management of the town and has not gotten any traction with regard to his complaints. He stated his opinion that there was willful and inappropriate deviation from the employee manual with respect to his termination. He advocated Mr. Dentler's reprimand or removal. Tom O'Neil, stated he represents himself as a business owner and landlord at 110 Loudoun Street, SW. He stated he is also the chair of the Commission on Public Art. He stated he is in favor of the budget item for the promotion of the Arts and Cultural District. 2 I Page COUNCIL MEETING March 8, 2016 Doris Kidder, encouraged Council to listen to what Mr. O'Neil spoke about. She stated she was on one of the original boards that created the Arts and Cultural District and would like to keep the momentum up. The Petitioners section was closed at 7:57 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Hammler, seconded by Council Member Gemmill, the following consent agenda was proposed:• a. Termination of Public Art Agreement with Northland Design and Construction, Inc.for Parking Garage Mural Project RESOLUTION 2016-030 Termination of Agreement between Town and Artist for the Parking Garage Mural Project b. Extension of Board of Zoning Appeals Appointment RESOLUTION 2016-032 Recommending Reappointment of Board of Zoning Appeals Appointee to the Circuit Court c. Awarding Contract for Survivable Remote Site Telephony/Voice Gateway Routers and Audio and Video Project RESOLUTION 2016-033 Awarding the Contract for the Survivable Remote Site Telephony/Voice Gateway Routers and Audio and Video Project to DISYS Solutions, Inc., in the Amount of $96,812.92. d. Milestone Communications Monopole Permit RESOLUTION 2016-034 Approving a 120-Day Time Extension for the Review of Commission Permit Application TLCP 2016-0001, Milestone Communications e. Virginia Department of Transportation Fiscal Year 2017 Primary Extension Paving Program Funding Application RESOLUTION2016-035 Application for the Virginia Department of Transportation Fiscal Year 2017 Primary Extension Paving Program Funding f. Making an Appointment to the Technology and Communication Commission (Burk) 3 I Page COUNCIL MEETING March 8, 2016 RESOLUTION 2016-038 Making an Appointment to the Technology and Communication Commission (Teena Clayton) 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. Proffer Amendment and Special Exception Application— Airpark/Gelman The public hearing was opened at 8:28 p.m. Scott Parker gave a brief presentation on the request for a proffer amendment and special exception to allow expanded uses at 741 Miller Drive, S.E. Key Points: • TLZM 2016-0001 and TLSE 2015-0012 Airpark Gelman is a reference to the ownership group of the property. • Request to amend approved proffers for an existing building at 741 Miller Drive, which would allow the plumbing supply use as a special exception. • Planning Commission recommended both applications for approval by a vote of 7-0 with limited discussion. • It was clarified that there is no outdoor storage associated with the plumbing supply use. • Original proffers associated with this property limited it to warehousing, office, research and development and prescribed percentages to it. • Amendment will allow this property to enjoy the same variety of uses allowed in other I-1 zoned properties throughout town. • Staff recommends approval subject to standard conditions. Bob Sevila spoke on behalf of the applicant. He stated that the applicant and staff have come a long way and resolved all the issues. Key Points: • No negative feedback has been received. • The intended tenant is a very successful wholesale plumbing distributor. Kevin Goeller, stated he was one of the original brokers leasing this office park in 1986 and has been dealing with the zoning issues. He explained the history of the property that squeezed out the industrial uses. The public hearing was closed at 8:48 p.m. 4 I Page COUNCIL MEETING March 8, 2016 On a motion by Vice Mayor Burk, seconded by Council Member Dunn, the following was proposed: ORDINANCE 2016-0-006 Approxing TLZM2016-0001, Airpark-Gelman,for a Rezoning(Proffer Amendment)to Allow Expanded I-1 Uses at 741 Miller Drive The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler Nay: None. Vote: 7-0 Council Comments: • Burk: Stated that this will bring business into town that will be beneficial. • Fox: Thanked the applicants for their work. She stated that this will create a great designer showroom floor and bring jobs into town. • Hammier: Expressed her gratitude for the applicant's partnership towards reaching the town's economic development goals. She stated that Council has discussed increasing the goal to 40% of commercial in the town. She stated her desire to continue working with the applicants to bring more business into town. On a motion by Vice Mayor Burk, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2016-039 Approving Special Exception TLSE 2015-0012, Airpark-Gelman,for a Plumbing Supply Company at an Existing Facility at 741 Miller Drive The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler Nay: None. Vote: 7-0 b. Fiscal Year 2017 Budget The public hearing was opened at 8:51 p.m. Clark Case gave a brief overview of the proposed budget. Key Points: • Second year of a two year budget process that mirrors the state's process. • Includes governmental funds, utilities fund, and the six-year capital improvement program. • Themes of the budget are fiscal restraint, long term fiscal sustainability and organizational efficiency. • Debt service cliff is here. 5 I Page COUNCIL MEETING March 8, 2016 • Offsetting a number of operational increases through savings in the health insurance program. • Pay for performance salary increases averaging 3%. • Capital Projects Program shows a 31% decrease as a result of completion of some transportation projects in FY2016. • Utilities Fund shows an increase primarily due to the completion of some maintenance work. • Proposed budget includes the residential equalized tax rate plus inflation of$0.186. • Regional inflation rate for operating expenses is 0.6% which translates to 0.12 cents on the tax rate. • Advertised rate is slightly higher to give the Council capacity to add projects. • Projected tax bill for the average tax payer would be approximately $3.76 more than last year. • Inflation was factored in because it eats away at the buying power of the town. • Comparisons between other localities show that Leesburg residents are still getting a lot of service for a good price. • Enhancements include treating the downtown as a park with daily trash removal, additional marketing and programming for events in the downtown area, a network administrator position for the Information Technology Department, Capital Asset replacements including in-car and body cameras for the Police Department and repairs needed in Town Hall. • The bulk of the Capital Projects program is for transportation projects. • Debt service payments will remain high for the next several years, but the long term sustainability program has planned and provided for it. Council Comments/Questions: • Burk: Questioned the savings related to bringing a network administrator onboard over outsourcing the work. Case: Confirmed that there are additional costs that the outsourcing company adds. • Hammler: Stated that she would like to see citizen questions and answers as well as those asked by Council. She questioned what the actual dollar amount will be of the 3% increases and how many employees will be eligible for the increase. Cournoyer: The actual dollar amount would be dependent on how many employees were found to be eligible through the performance review process. But the average is $450,000 on an annual basis. • Hammier: Asked for clarification of the amount for downtown improvements. Case: $60,000 is the amount allowed for marketing and promotion of the additional events. 6 1 Page COUNCIL MEETING March 8, 2016 • Hammler: Questioned whether the full employee cost including retirement and health benefits of hiring a network administrator have been factored into the cost. Case: Stated that everything has been factored in. • Hammler: Questioned why body and in car cameras are listed as a replacement fund item. Case: Stated the automobile cameras need to be replaced and the body cameras are in addition. He stated the new technology ties the two together so it makes sense to purchase both at the same time. • Hammier: Questioned why an audiovisual upgrade for the council chambers is included since Council made the decision not to pursue this last budget cycle. Case: Stated that the approximately $150,000 includes replacing all the video and audio equipment and software as well as the connectivity to the web and broadcast. Further, he noted that sound reinforcement is required for the public in the audience. • Fox: Questioned whether the lower assessments is one of the reasons for the small bump in the tax rate. Case: Confirmed this. • Fox: Questioned whether staff has taken the possibility of a deflationary period in the budgeting process. Case: Stated that if deflation occurs, then the town will produce a budget that reflects that. Gwen Pangle and Allen Robinson spoke on behalf of the Leesburg Downtown Business Association. She stated they feel that the enhancements for the downtown are an excellent idea and be very helpful to increasing traffic downtown. Mr. Robinson stated that the town is the unifier of activities downtown and expressed his appreciation for the vision of viewing the downtown as a park. Further, Ms. Pangle stated that First Friday is an LDBA function and has been bringing a lot of people downtown, which is definite benefit to the merchants. She stated they would love to see that enhanced by the addition of allowing alcohol. The public hearing was closed at 9:18 p.m. c. Amending the Town Code—Alcohol in the Right of Way and Authorize Consumption in Additional Town Facilities The public hearing was opened at 9:19 p.m. Barbara Notar presented the proposed amendments to the Town Code to allow full service dining on the sidewalks in the historic district, as well as expand the service and consumption of alcohol at town facilities. Key Points: • 7 I Page COUNCIL MEETING March 8, 2016 • Currently a criminal offense to consume alcoholic beverages in public areas not permitted in the Town Code. • Amendment would allow alcohol to be served and consumed in town right of way, which includes sidewalks. • Right of Way permits will be reviewed and enforced by the Public Works Department. • Economic Development Commission supports the amendments as they feel it will increase foot traffic downtown. • Amendment will also add the service and consumption of alcohol to special events that close the streets in the downtown area. • Virginia Alcoholic Beverage Control Board permits and regulations are always required and followed. • A five foot pedestrian clear way is proposed for on-sidewalk dining. • Currently alcohol can be served and consumed with an ABC permit at Ida Lee Park Recreation Center, Ida Lee Park Tennis Center and the Olde Izaak Walton Park building. • Proposing to add the Leesburg Executive Airport(terminal and ramp), Leesburg Town Green, Mervin Jackson park(including the Rose Garden) and the Ida Lee park festival field. • The proposed ordinance also expands the type of alcohol that can be served and consumed to include liquor in addition to beer and wine on a trial basis. Council Comments/Questions: • Fox: Stated that the event organizer is responsible for the additional police costs, but often Council is petitioned to waive fees for events. She stated she would not like to see the public be responsible for paying for the additional police costs. She also noted that some businesses would not be able to benefit from having street-side dining. • Hammler: Questioned what other localities do regarding public consumption of alcohol. Notar: Responded that other localities allow it with a permit. • Hammier: Questioned the duration of an ABC permit. Notar: Stated that ABC permits are administered by the ABC and inspected regularly. • Hammier: Questioned who gets the ABC license for events held on town property that are not town events. Trask: The ABC license is in the event holder's name, not the towns. • Martinez: Noted that some businesses did not want to have the sidewalks widened in front of their establishments —they chose to have a loading area. • Burk: Stated that the town widened the sidewalks with the specific idea of allowing outdoor dining and this is an opportunity that should not be passed up. • Gemmill: Stated that any time businesses downtown can be supported, it is appropriate. 8 I Page COUNCIL MEETING March 8, 2016 • Dunn: Questioned whether dining is allowed on the sidewalk currently. Notar: Stated it would be allowed currently and there is a minimum four foot ADA required sidewalk between the tables and the curb. • Dunn: Requested confirmation that this is only to allow alcohol service and consumption on public property. He also questioned whether alcohol at the airport is only for special events. Notar: Confirmed that alcohol could be served and consumed on private property and only for special events at the airport, such as the airshow. Gwen Pangle, stated she is speaking on behalf of the Economic Development Commission, as their chair. She stated they had an enthusiastic 7-0 vote for support of this amendment to the Town Code. Futther, she stated with all the effort the County is putting into boosting the nighttime economy, it would be a good idea for Leesburg to do the same thing. She stated her belief that it would benefit first Fridays and downtown events to bring more people. David Saaredia, stated he runs and operates Palio Restaurant and the Leesburg Diner. He stated he is speaking on behalf of Mr. O'Connor and all the employees of the two restaurants. He stated they calculate it will increase business for them by about 10%. Fred Williams, 21 Wirt Street, N.W., stated he is here to present an alternate view of this ordinance. He stated the only information he has is what was included in the agenda packet. He stated that currently there isn't enough room between existing tables and the curb so he is concerned about the permitting process and enforcement. He stated his concern that serving alcohol requires the roped off area, which takes up more space and makes navigating the sidewalks more difficult. He stated there are two business owners that will benefit and many other business owners and residents that would not benefit and actually be adversely impacted. He questioned whether the quality of life in Leesburg is just dependent on alcohol. Jason Miller stated he is one of the owners of the Wine Kitchen and lives about two blocks away. He stated Frederick, Maryland allows this and it shows vitality on the streets downtown. He stated sales are down because there are other options like One Loudoun and the Village at Leesburg. He asked that Council level the playing field as those other places have outdoor dining. He stated that passing this and doing it quickly is the best outcome for the town. Curtis Allred, stated he is the manager at Shoe's Cup and Cork. He stated he has been a restaurant manager in New York City and Washington, DC. He stated he was the manager at Fire Works Pizza where outdoor dining is rated in the top three every year. He stated people want to eat and drink outside. He stated the difference between four feet and five feet is huge. He stated this will not affect Shoes, but this is his community and it will attract people downtown. He stated if the downtown doesn't have this, people will go to the other fake downtowns and drink outside. 9 I Page COUNCIL MEETING March 8, 2016 Dana Allred, stated she has three small children and no time for herself. She stated she doesn't live downtown or work downtown. She states she visits downtown with her kids and her friends and the outdoor dining makes it more attractive and more fun. The public hearing was closed at 10:10 p.m. On a motion by Vice Mayor Burk, seconded by Council Member Martinez, the following was proposed: ORDINANCE 2016-0-007 To Amend and Reordain Chapter 24(Offenses and Miscellaneous Provisions), Article V(Offenses Against Public Peace and Order), Division 1 (Generally), Section 24-184(Public Profanity and Intoxication)of the Leesburg Town Code by Adding New Sections 24-185(Consumption or Service of Alcohol Without License) and 24-186(Alcohol Permitted on Public Property;Exceptions for Outdoor Dining, Special Events, Etc.), to Allow Alcohol to be Served and Consumed on Designated Areas of Public Property Under Limited Circumstances and When Issued an Outdoor Dining or Special Event Permit by the Town Council Comments/Questions: • Butler: Stated that this ordinance does not set the number of feet for the setback from the curb. He stated if the ordinance passes, Council will need to make a motion regarding the distance from the curb. • Burk: Stated that Council approved widening the sidewalks with the intention of allowing outdoor dining, including the consumption of alcohol. She stated it is done in many other places and it is a disservice to the downtown businesses, if they cannot do it. She states she understand the concerns but this will vitalize the downtown. • Dunn: Stated that dining is already allowed and the only difference is the dining will have to be cordoned off. He noted that this would not reduce or expand the current levels of seating. He requested confirmation that currently at least four foot clearance is required. Notar: Confirmed that four feet are currently required. • Dunn: Stated he is hesitant to open up town property to alcohol consumption. He stated that if people want to drink, they can take them inside because he is concerned about the health, safety and welfare of people passing by. • Gemmill: Stated this will help the restaurants and is good for tourism. He stated when there is a glass of wine, it encourages people to stay longer. • Hammier: Stated that Mr. Williams had an interesting point about the $100 fee for the permit. She questioned what other localities charge. Notar: Stated they vary from no fee up to $150. • Hammier: Stated that given it will end at 9 p.m. and can be revoked, it is important to move this forward. She disclosed that she is on the County's 10 I Page COUNCIL MEETING March 8, 2016 nighttime activities board. She stated it is important to bring people downtown for dining as this will generate meals taxes. Further, she stated it will energize the downtown and give people the opportunity to visit more stores. She stated her feeling that this may spur private investment in the downtown. • Fox: Thanked those that came out to speak. She stated opening town property for alcohol doesn't bother her as there is appropriate licensure and enforcement. She stated she does have a problem if an event requires police staffing, she would not like to have the fees waived. Notar: A restriction on fee waivers could be added to the permit. • Butler: Stated this is something he has been a strong advocate for—arts and on-street dining. The motion was approved by the following vote: Aye: Burk, Fox, Gemmill, Hammler, Martinez, and Mayor Butler Nay: Dunn Vote: 6-1 On a motion by Vice Mayor Burk, seconded by Mayor Butler, a five foot setback was proposed as recommended by staff Council Comments: • Burk: Stated that the setback is an important component as if there isn't enough space for tables and chairs, the purpose of the sidewalk widening has been defeated. She stated this will not be a full scale restaurant, but allowing enough room for four to six tables to create vitality. She stated that it is important to acknowledge that ADA requires four feet and this is a proposal for five feet. She stated the five feet will allow wheelchairs and strollers to traverse the sidewalk without problems. • Butler: Stated his concern that this is really not a five foot setback because where there are obstructions, it is only four feet. He stated a straight line of a seven foot setback would allow pedestrians to walk a straight line down the street without having to zig-zag around obstacles. He stated his concern that a five foot sidewalk will create a safety issue when people have to walk in the street. He noted that some establishments have less room because of obstacles located in front of their businesses and questioned whether this is fair. He stated it will be easy to expand the restaurants' area, but difficult to reduce it once the merchants have purchased outdoor furniture. Mayor Butler offered a motion to amend the setback to seven feet. The motion was seconded by Council Member Dunn. Council Comments/Questions: • Dunn: Requested clarification from staff that this is related to the service of alcohol. He stated if other restaurants can serve food, but not alcohol, they would be allowed a different setback of four feet from any 11 l Page COUNCIL MEETING March 8, 2016 obstruction. He stated that this motion would increase the setback for those that wanted to serve alcohol. He stated that the Town Code should be changed to increase the setback for any type of on-street dining, regardless of alcohol. Notar: Stated that if the Mayor's amendment is passed, then a resolution initiating an amendment to the Town Code may be necessary if Council wanted to align the setback for businesses that do not serve alcohol. • Gemmill: Stated that other localities have zig-zag pathways through outdoor dining areas so he does not see an issue with this. • Burk: Stated her opposition to this amendment as it will not meet the needs of the community. • Martinez: Stated this is another example of the Council trying to fine tune an ordinance that is fine the way it is. • Butler: Stated in 2013, Council Member Martinez stated that the widenend sidewalks were not about on-street dining, but about making it easier for people to walk downtown. He stated that once all the tables are placed outside, people will criticize the loss of the wider sidewalks. The motion failed by the following vote: Aye: Fox and Mayor Butler Nay: Burk, Gemmill, Hammler and Martinez Vote: 2-4-1 (Dunn abstaining) Council Comments: • Hammier: Expressed support for the five foot setback. She stated people will enjoy seeing the vitality created by on-street dining. • Martinez: Explained that when he first came on Council in 2002, all the businesses claimed they needed more walking traffic and one way to provide that was to widen the sidewalks and make people feel more comfortable. He stated one of the reasons he wanted this expanded was the revenue being lost at Ida Lee. • Dunn: Stated he is not in favor of amending the setback because of the current town code and ADA compliance. He stated the success of this will be determined by the market. He stated that adding these seats outside, it will be challenging for those in wheelchairs. • Burk: Stated that the space is being limited and guidelines are being provided. She stated that people will find this exciting and interesting and cause them to want to come downtown. The motion for a five foot setback was approved by the following vote: Aye: Burk, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: Dunn Vote: 6-1 On a motion by Council Member Fox, seconded by Council Member Hammier, the following was proposed: 12 I Page COUNCIL MEETING March 8, 2016 MOTION2016-005 I move that there will be no waiver offees for an event involving alcohol on town property. Council Comments/Questions: • Fox: Stated her feeling that if there is an additional challenge requiring police, that should be sponsored by the persons hosting the event. • Dunn: Stated his concern that by making that a requirement, it may somehow impact the Council's flexibility in waiving fees for other requests. Notar: Stated the application would say that if alcohol is involved, the applicant cannot request a waiver of fees from Council. • Burk: Stated that this is redundant as Council has the ability to say no to waiver requests. • Fox: Stated her desire for applicants to know this up front. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 [ins 11. RESOLUTIONS AND MOTIONS a. Lease Amendment and Extension Agreement for the Mason Enterprise Center On a motion by Council Member Hammier, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2016-031 Authorizing the Town Manager to Execute a 5-Year Lease Extension Between the Town of Leesburg and Virginia Heritage Properties, LLC for Occupancy of the Office Building and Related Facilities at 202 Church Street Council Comments: • Hammier: Stated that this is a lease amendment that extends the lease for the Mason Enterprise Center. She stated there is very rarely an opportunity for the town to provide seed money that has such a force multiplier effect in terms of job creation and commercial growth. She stated this has a positive benefit to the entrepreneurial attraction of this town to businesses. • Dunn: Stated that the original agreement was to help Mason Enterprise Center for the first five years and then they were supposed to become self- supporting. He stated he was not thrilled about having to renew an additional five years. Dentler: Stated that the intent was for the Mason Enterprise Center to break but as time has gone on, it has become clear that expectation was 13 I Page COUNCIL MEETING March 8, 2016 not the norm. He stated that the Director of the Mason Enterprise Center has indicated that to Council. He stated that this is the town's financial investment for economic development. • Gemmill: Questioned whether the flow of businesses through the Mason Enterprise Center would continue without Leesburg's support. Dentler: Stated that financially this program would not work without the town's support both financially and with the efforts of the town economic development staff. • Burk: Stated that the Mason Enterprise Center is one of the most successful economic development projects that the town has put together and the number of businesses that have grown there, many of them staying in Leesburg after their graduation from the program, has been a real plus for the community. She stated that this is a great investment for the town. • Fox: Stated her opinion that this vote does not belong before budget deliberations and she cannot support it. • Butler: Stated that not voting for this would be neglect of the town's overall prosperity. • Hammier: Stated that there is also tremendous synergy because of the opportunities created by the Mason Enterprise Center being located in the HUB Zone. Aye: Burk, Hammier, Martinez and Mayor Butler Nay: Dunn, Fox and Gemmill Vote: 4-3 b. Appropriation Fund Balance for Winter Storm Jonas Cost On a motion by Vice Mayor Burk, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2016-036 Appropriating General Fund Unassigned Fund Balance in the Amount of $645,915 and Utilities Fund Unassigned Fund Balance of$50,516 for Emergency Response Costs for Winter Storm Jonas Above the Amounts Provided in the Approved Fiscal Year 2016 Operating Budgets Council Comments/Questions: • Burk: Stated her surprise to see that the Utilities fund, which is an enterprise fund, involved in this action. She questioned why the repairs part of the action is so large. Case: Stated that the repairs are to the infrastructure that was damaged by the snow clearing operation, such as fire hydrants, man holes, curbs, etc. He stated the mechanical equipment also takes a beating from a snow of that size. • Burk: Questioned why any money would be needed from the Utilities enterprise fund. 14 I Page COUNCIL MEETING March 8, 2016 Case: Stated that utilities incurred costs such as personnel and equipment costs during the storm to clear utilities properties. Markel: Stated that the Utilities department has numerous facilities including the plants and pump stations. Access to those facilities had to be kept clear so that they could be monitored and serviced. Dentler: Noted that the Utilities staff assisted the Streets staff to provide the necessary manpower to clear the snow. In addition, he stated that in the past, the number of storms budgeted for was reduced with the theory that the town responds to the storm event regardless of budgeted resources but when the budget for storm response is exceed, money would be transferred from the unassigned fund balance. • Martinez: Stated that the work was actually done on the utilities properties. He questioned when the town will get reimbursement from the state. Dentler: Stated that the information has been provided to the county, who is coordinating the reimbursement effort. • Martinez: Stated that the money would have to come out of the unassigned fund balance/reserve to be replenished if and when reimbursement funds are received. Dentler: Stated that this is why the town has these reserves. He stated the size of the storm was a surprise, but reimbursing the operating budget out of reserves has been the town's practice over the past several winters. • Gemmill: Questioned whether this is just an accounting practice that was instituted under the prior town manager. Dentler: Stated that Council approved this accounting practice that assists the town with managing the budget through tough times. He noted that the crews do not stop when the money runs out. • Hammler: Stated she pulled this from the Consent Agenda for several reasons, not the least of which is that it is a significant amount of money. She stated it should be out in the open, not a Consent vote, and it is important that it be discussed. She stated there were many questions from citizens about the snow response and her feeling that the after action report should have happened before this accounting issue was brought forward. She stated that Council needs information on what the average amount of reimbursement the town can expect based on what has been received in the past and the experience of other localities in their reimbursement requests. She questioned whether there is any impact in terms of maintaining the AAA bond rating. Case: Stated that the town can sustain the loss without jeopardizing the bond rating, but it does make the process of getting from 15% to 20% reserves, as promised would be completed by 2021, a little more difficult. He stated the town will continue to engage in frugal budgeting practices. • Fox: Stated her understanding based on conversations with staff, that in place of VDOT services, the town receives VDOT reimbursement every year for snow removal. LaFollette: Stated that the town receives payment from VDOT every year based on their formulas for primary and residential streets. She stated 15 I Page COUNCIL MEETING March 8, 2016 those maintenance payments cover not only snow removal, but milling, paving, mowing, weeds, clean up, etc. • Fox: Questioned whether these payments are allocated to snow removal. Case: Stated that payments are part of the operating budget for streets maintenance every year. • Dunn: Stated a number of comments were made by the public/press/staff that the issues with snow removal was a funding issue. He stated this was not a funding issue since the town has the ability to go into the reserve funds to get what was needed. He stated the issues were caused by management decisions. He stated the approach of waiting for mother nature to melt the snow was not the correct approach. He stated Council's job is to pay the bills. • Butler: Stated his agreement that this is an accounting issue—the money has been spent and the bills need paid. He stated the approach can be discussed later. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 c. Assigning Fiscal Year 2015 General Fund's Unassigned Fund Balance to the Capital Asset Replacement Fund and the Debt Service Reserve On a motion by Council Member Martinez, seconded by Council Member Gemmill, the following was proposed: RESOLUTION 2016-037 Assigning General Fund Unassigned Fund Balance in the Amount of$1,945,863 for Capital Asset Replacement Fund and Accumulating Funds for Debt Service Reserve Council Comments/Questions: • Butler: Stated that this is something the Council agreed to as part of the long term sustainability program. • Martinez: Stated this is standard practice that needs to be continued. • Dunn: Questioned whether the amounts were agreed to. Case: Stated that the amount is unclear until then end of the fiscal year. An estimate is approved during the budget process and the fiscal sustainability policy states the amount will be split between the Capital Asset Replacement Fund and the Debt Service Reserve. • Dunn: Questioned whether this needs done now or can it be discussed as part of the budget. Case: Stated this is part of the sustainability plan for FY2015 that moves the money into the FY2016 budget. He confirmed that there is no specific reason that action must occur tonight; however, this is traditionally the meeting where this is done. 16 I Page COUNCIL MEETING March 8, 2016 • Dunn: Noted that the fiscal year extends to June 30 and Council will be discussing the budget in a few days. He questioned whether it can be voted on in two weeks since it might impact the upcoming budget. Case: Stated this will not impact the upcoming budget as the dollar amounts are not significantly different from what was estimated as part of the FY2016 budget. • Hammler: Stated she moved it from the Consent Agenda because of the significant size of the amount as well as it is beneficial to set the record straight before the budget public hearing. • Butler: Stated this is part of last year's approved budget, not part of the upcoming budget. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 d. Employee Health Insurance On a motion by Vice Mayor Burk, seconded by Council Member Dunn, the following was proposed: RESOLUTION2016-040 Enter an Adoption Agreement for Employee Health Benefits with the Local Choice The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler Nay: None. Vote: 7-0 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. Initiating Amendments to the Zoning Ordinance to Comport with the Town Code as relates to Noise in the R-1 Zoning District On a motion by Council Member Gemmill, seconded by Council Member Dunn, the following was proposed: RESOLUTION2016-041 Initiating Amendments to the Zoning Ordinance to Comport with the Leesburg Town Code as it Relates to Noise in the R-1 Residential Zoning District Council Comments: 17 I Page COUNCIL MEETING March 8, 2016 • Dunn: Clarified that this just adds the extra hour to this zoning district as allowed in other areas. • Hammier: Disclosed that she backs up to Paxton and most of the area around Paxton is R-4, which will receive the impacts. She requested that all the adjacent homeowners be notified. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 b. Initiating an Amendment to the Leesburg Zoning Ordinance to Repeal the H-2 Overlay District On a motion by Council Member Dunn, seconded by Council Member Gemmill, the following was proposed: RESOLUTION2016-042 Initiating Amendments to the Leesburg Zoning Ordinance for the Purpose of Repealing the H-2 Historic Corridor Architectural Control Overlay District and the Associated Provisions in the Ordinance Related to the Implementation of the H-2 Overlay District Including, but not Limited to: Articles 2, 3, 7, and 15 Council Comments: • Martinez: Stated he cannot support this because it protects the entrances into town. He stated that the planning commission is working on something to take its place on Market Street, but it would not protect the north/south entrances. • Dunn: Stated that form based code could be implemented in those area. He stated the review process would be done by the Planning Commission, not the Board of Architectural Review. He stated initiation would allow the BAR and Planning Commission to weigh in. The motion was approved by the following vote: Aye: Dunn, Gemmill, Fox, and Mayor Butler Nay: Hammler and Martinez Vote: 4-2-1 (Burk absent) c. Authorizing a Letter to the Loudoun County Board of Supervisors regarding School Resource Officer Funding On a motion by Council Member Dunn, seconded by Council Member Hammier, the following was proposed: MOTION 2016-006 I move to authorize the Mayor to sign the letter to the Loudoun County Board of Supervisors requesting full funding of School Resource Officers in the Fiscal Year 2017 Budget 18 I Page COUNCIL MEETING March 8, 2016 Council Comments: • Dunn: Stated that it is late in the county's budget process, but it should still be tried. He noted that it would be less expensive for the county to pay 100% of school officer's since they are involved in school issues year round versus having sheriff's deputies take over that assignment. • Hammier: Stated that all Council members should follow-up given the need to act rather quickly. She stated it will set the tone for a productive shared efficiencies committee. Further, she stated she does not have a problem with Sheriff's deputies providing the School Resource Officer duties. • Burk: Stated if she was a supervisor and she received this letter at this time asking for full funding, she would not react favorably. • Gemmill: Stated is it worth a try since it is a substantial amount of money. He stated believes the sheriff's should take that responsibility. He noted that the police department is concerned with losing face time with the youth. He asked that some way to accommodate this concern be worked out. • Butler: Stated his agreement with the Vice Mayor that there is no way this will have a positive impact as it is too late in the process. • Dunn: Stated that there is always a negative impact when the town stands up and asks for its fair share of the money that the county has been freely spending over the years with very little return to the town. He noted that there would be a greater cost to the county to use sheriff's deputies. The motion was approved by the following vote: Aye: Dunn, Fox, Gemmill, Hammier, and Martinez Nay: Burk and Mayor Butler Vote: 5-2 15. COUNCIL COMMENTS Vice Mayor Burk stated she would like to initiate a text amendment to change the single family attached interior lot size to allow more opportunities to provide housing on very small lots in the old and historic district. She disclosed that she met with Mr. McLister. Ms. Notar stated that staff will need some time to provide an initiating resolution. 16. MAYOR'S COMMENTS Mayor Butler had no comments. 17. MANAGER'S COMMENTS Kaj Dentler had no comments. 18. CLOSED SESSION On a motion by Council Member Hammier, seconded by Mayor Butler, the following was proposed: 19 I Page COUNCIL MEETING March 8, 2016 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. Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made publicly initially, the financial interest of the town would be adversely affected. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler Nay None. Vote: 7-0 Council Member Gemmill recused himself. The Council convened in closed session at 11:11 p.m. The Council reconvened in open session at 11:47 p.m. On a motion by Council Member Dunn, seconded by Council Member Fox, 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, Hammier and Martinez, Mayor Butler Nay: None. Vote: 6-0-1 (Gemmill recused) 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Hammier, the meeting was adjourned at 11:47 p.m. ' David S. Butler, Mayor Town of Leesburg lift Clerk • i un•it 2016 tcmin0308 20IPage