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)
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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.
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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)
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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.
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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.
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• 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.
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• 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:
•
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• 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.
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• 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.
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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
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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
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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:
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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
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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.
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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
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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.
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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:
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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
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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:
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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
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Clerk • i un•it
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