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HomeMy Public PortalAbout2016_tcmin0329 COUNCIL MEETING March 29, 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, Suzanne Fox, and Mayor Butler. Council Members Absent: Council Member Marty Martinez. 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, Police Chief Vanessa Grigsby, and Executive Assistant Tara Belote. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Mayor Butler 3. SALUTE TO THE FLAG was led by Council Member Dunn 4. ROLL CALL showing all members present. 5. MINUTES a. Work Session Minutes of February 22, 2016 On a motion by Council Member Dunn, seconded by Council Member Hammler, the regular session minutes of February 22, 2016 were approved by a vote of 6-0-1 (Martinez absent). b. Regular Session Minutes of February 23, 2016 On a motion by Council Member Dunn, seconded by Council Member Fox, the regular session minutes of February 23, 2016 were approved by a vote of 6-0-1 (Martinez absent). c. Work Session Minutes of March 7, 2016 On a motion by Council Member Gemmill, seconded by Council Member Dunn, the work session minutes of March 7, 2016 were approved by a vote of 6-0-1 (Martinez absent). d. Regular Session Minutes of March 8, 2016 On a motion by Council Member Fox, seconded by Council Member Hammler, the regular session minutes of March 8, 2016 were approved by a vote of 6-0-1 (Martinez absent). 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Gemmill, 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 1 I Page COUNCIL MEETING March 29, 2016 Vote: 6-0-1 (Martinez absent) 7. PRESENTATIONS a. State of the Town Address Mayor Butler delivered a State of the Town Address. He summarized Leesburg's history and noted that as the largest town in Virginia, Leesburg is an important part of the Commonwealth. He stated that less than a quarter of the town's revenue is generated by real estate taxes and that town residents get trash pick up and additional public safety protection provided by the town's police force. He highlighted the personnel changes that have occurred in the town in the past 18 months. He emphasized the town's renewed focus on customer service. He reviewed some of the individual Council Member's initiatives that have improved the quality of life for Leesburg residents and made Leesburg a better place to operate a business. b. Proclamation—Relay for Life On a motion by Council Member Hammier, seconded by Council Member Dunn, the following was proclaimed: PROCLAMATION American Cancer Society's Western Loudoun Relay for Life May 21-22, 2016 WHEREAS, 2016 marks the 32nd Anniversary of Dr. Gordy Klatt's first step of his 24-hour walk/run around a track in Tacoma, Washington which raised $27,000 to support the American Cancer Society in May 1985; and WHEREAS, the following year, 220 supporters on 19 teams joined Dr. Klatt in this overnight event, and the American Cancer Society Relay for Life was born; and WHEREAS, each of the more than 5,000 Relays nationwide is a fun-filled, overnight event that mobilizes communities to raise money for the fight against cancer; and WHEREAS, this event celebrates the lives of those who have battled cancer as the strength of survivors inspires others to continue the fight, remembers loved ones lost to the disease, and allows people who have walked alongside those battling cancer to find healing, and allows participants to fight back and put an end to the disease; and 2IPage COUNCIL MEETING March 29, 2016 WHEREAS, the Relay for Life of Loudoun County is being held on May 21 and May 22, 2016 at Heritage High School in the Town of Leesburg; and WHEREAS, the theme for the 2016 Relay for Life is "Board Games"; and WHEREAS, Relay for Life of Loudoun County is celebrating its 17th Anniversary this year and has raised over$2,904,000 to aid in the fight against cancer since 2000. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate the organizers and participants of the Relay for Life of Loudoun County and urge the citizens of the Town of Leesburg to support the American Cancer Society. PROCLAIMED this 29th day of March, 2016. c. Proclamation —Keep Leesburg Beautiful On a motion by Vice Mayor Burk, seconded by Council Member Gemmill, the following was proclaimed: PROCLAMATION 12`h ANNUAL KEEP LEESBURG BEAUTIFUL MONTH APRIL 2016 WHEREAS, the Town of Leesburg, Virginia, is committed to environmental stewardship and to maintaining the appearance of Town road corridors and public places; and WHEREAS, many volunteers come forth each April to collect trash from roadsides and stream areas and to beautify common areas throughout the Town; and WHEREAS, the Town Council appreciates the fine work of the Town staff to keep the Town's roadways, rights of way, and parks clean and attractive year round. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the month of April of the Year 2016 to be the 12th annual Keep Leesburg Beautiful Month and encourage all Leesburg residents, businesses, youth groups, churches and service organizations to participate in Keep Leesburg Beautiful during April 2016 by organizing clean up and beautification activities. PROCLAIMED this 29th day of March 2016. 3 I Page COUNCIL MEETING March 29, 2016 d. Proclamation—Local Government Education Week PROCLAMATION Local Government Education Week April 1-7, 2016 WHEREAS, since the colonial period, the Commonwealth of Virginia has closely held the institutions of local government; and WHEREAS, local governments throughout the Commonwealth provide valuable services to the citizens of the communities they serve; and WHEREAS, citizen services such as, law enforcement, public health and safety, recreational opportunities, and educating local children, are most often delivered at the local level; and WHEREAS, in recognition of the work performed by local governments, the Virginia General Assembly, on February 29, 2012, designated the first week in April as Local Government Education Week in Virginia; and WHEREAS, April 2, 1908 was the creation of the Council-Manager form of government in the City of Staunton thereby making the first week in April appropriate for this designation. NOW, THEREFORE, BE IT PROCLAIMED, by the Town of Leesburg in Virginia that April 1-7, 2015 is hereby designated as Local Government Education Week; and BE IT FURTHER PROCLAIMED, that the Town of Leesburg and the Loudoun County School Board will partner to promote civic education and engagement in an effort to educate citizens about their local government, strengthen the sense of community, and engage the next generation of local government managers. PROCLAIMED this 29`h day of March, 2016. e. Board of Architectural Review Annual Report—Ned Kiley/Paul Reimers Mr. Kiley and Mr. Reimers gave a brief report on the activities of the Board of Architectural Review over the past year. f. Commission on Public Art Annual Report—Thomas O'Neil Mr. O'Neil gave a brief report on the activities of the Commission on Public Art over the past year. g. Northern Virginia Transportation Authority—TransAction Long Range Plan Briefing 4 I Page COUNCIL MEETING March 29, 2016 Keith Jasper gave a report on NVTA's long range plan, due to be completed in 2017. He stated that traffic in the region has gotten progressively more congested and that TransAction is the organization's long range plan that will include public input. 8. PETITIONERS The Petitioners section was opened at 8:41 p.m. Gwen Armstrong stated this is the 9th year of the Bible Reading Marathon. She invited Council to participate. She offered a prayer for the Council and the town. Stephen Hood, 211 Wildman Street, NE. He stated that his sentiments regarding the proposed parking garage on the Pennington lot are representative of many of his neighbors. He requested that the Council work with the county to lower the profile of the parking garage to three levels, rather than four. Ron Campbell, 812 Fort MacLeod Terrace. He discussed the school board boundary issue. He stated that it is important for the people to see their elected leadership take up the issue. He stated what happens with the children is of extreme value to everyone. Further, he stated this town did not become great overnight, but voices helped shape its greatness. The Petitioners section was closed at 8:53 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Dunn, seconded by Council Member Gemmill, the following consent agenda was proposed: a. Virginia Department of Transportation Revenue Sharing Agreement Extension RESOLUTION 2016043 Authorizing the Town Manager to Execute the Programmatic Project Administrative Agreement Extension for the Virginia Department of Transportation Revenue Sharing Program b. Public Art Exhibit by Kenneth Garrett RESOLUTION 2016-044 Approval of a Public Art Exhibit at Town Hall by Kenneth Garrett c. Reduction of the performance guarantee for public improvements installed at Oaklawn at Stratford-Landbay D(TLPF2006-0018) RESOLUTION2016-045 Making a Reduction of the Performance Guarantee for Public Improvements at Oaklawn at Stratford-LandbayD(TLPF2006-0018) 5 I Page COUNCIL MEETING March 29, 2016 d. Performance Guarantee and Water and Sewer Extension Permits for Airport Commerce Park, Phase 2(TLCD 2014-0008) RESOLUTION 2016-046 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Airport Commerce Park, Phase 2(TLPF 2014- . 0008) e. Bicycle Mural in the Town Hall Parking Garage RESOLUTION 2016-048 Approval of Bicycle Mural Art and Location in the Town Hall Parking Garage f Fiscal Year 2017 Local Government Challenge Grant Application to Virginia Commission for the Arts RESOLUTION 2016-049 Authorizing Staff to Apply for the Local Government Challenge Grant through the Virginia Commission for the Arts and Providing for the Distribution of Grant Funding and Town Matching Funds to Certain Independent Arts Organizations g. Raflo Park ArtsParks Project RESOLUTION 2016-050 Approval of Sculpture Art for the Raflo Park ArtsParks Project for June 2016-2018 h. Making an Appointment to the Technology and Communication Commission (Butler) RESOLUTION 2016-051 Making an Appointment to the Technology and Communication Commission (Lillegard) The Consent Agenda was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) 10. PUBLIC HEARINGS a. Amendments to Chapter 34 of the Town Code regarding Utilities The public hearing was opened at 9:04 p.m. Amy Wyks presented the proposal to amend Chapter 34 to clarify various sections; establish a fat, oil and grease ordinance; align the town code with policy; and establish new fees and charges to offset the costs of the services provided. She reviewed each of the proposed amendments. Council Comments/Questions: 6 I Page COUNCIL MEETING March 29, 2016 • Fox: Stated she thinks amending the grace period will help alleviate some problems with bill delivery. Further, she stated her feeling that some of the fees are substantial. • Hammler: Stated that this would have been a good opportunity to reconvene the Utility Rate Advisory Committee. She questioned the extent of notification to those who may be affected by the increased fees. Notar: Stated that these amendments were advertised as required by the state code. • Burk: Questioned whether there are regulations on drycleaners to prevent them from dumping chemicals down the drain. Wyks: Stated that these fees would cover commercial establishments and include monitoring. • Gemmill: Stated he was pleased to find out that most of the fees were associated with commercial uses, rather than residential uses; however, he was concerned about the impact to developers and attracting new business. • Dunn: Questioned Section 34-69. Wyks: Stated this formalizes the process as currently exists, but is not laid out in the code. She stated it gives customers an explanation and predictability. There were no members of the public wishing to address this public hearing. • The public hearing was closed at 9:39 p.m. On a motion by Vice Mayor Burk, seconded by Mayor Butler, the following was proposed: ORDINANCE 2016-0-008 Amending Chapter 34(Utilities), Article II(Water System)and III(Sewers and Sewer Disposal)and Appendix B—Fee Schedule Council Comments/Questions: • Burk: Stated that these amendments are to bring the code into line with what the utility depai tment already does. • Butler: Stated that most of these are just clarifications of current practice and will help eliminate confusion and the majority of the fees are minor and those that are punitive are punitive for good reason. • Dunn: Stated he would be willing to divide the question on a few items that he feels are necessary. • Hammier: Raised the issue of whether the amount of employee time spent on an item that will bring a small return is worthwhile. Notar: Noted that this effort will improve the ability of the Utilities Depai tinent to comply with best practices to keep sewer lines free of grease clogs. 7 I Page COUNCIL MEETING March 29, 2016 • Fox: Questioned whether this amendment will reduce the amount of effort spent on FOG compliance. Notar: Stated that courtesy letters are often ignored, but a summons usually does the trick but cannot be issued unless the violation is included in the Code. • Dunn: Questioned the section on availability fees. Wyks: Stated that this applies to master meters and allows the town to charge for actual usage rather than a set minimum. • Burk: Stated that these fees seem reasonable and not excessive. Council Member Hammler offered a motion to table and send to a work session. The motion failed for lack of a second. The original motion was approved by the following vote: Aye: Burk, Fox, Hammler, and Mayor Butler Nay: Dunn and Gemmill Vote: 4-2-1 (Martinez absent) 11. RESOLUTIONS AND MOTIONS a. Approval to Issue Series 2016 General Obligation Refunding Bond with Virginia Resources Authority On a motion by Council Member Hammler, seconded by Council Member Gemmill, the following was proposed: RESOLUTION2016-047 Providing for the Issuance and Sale of a General Obligation and Refunding Bond, Series 2016, of the Town of Leesburg, Virginia, Providing for the Form, Details and Payment Thereof and Providing for Refunding of Certain Outstanding Bonds Council Comments/Questions: • Burk: Questioned how the savings will occur and whether the length of the obligation will increase. Case: Stated that the savings is being distributed between two funds. He clarified that the expected rate is around 2.8 percent and the coupons are around 4-4.5 percent. He stated if there is not 3 percent savings, the town will not move forward. • Dunn: Noted that the breakeven point is 10 years and the bond will mature in 24 years. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None. Vote: 6-0-1 (Martinez absent) b. Initiating Amendments to the Noise Ordinance to Regulate Excessive Noise from Churches 8IPage COUNCIL MEETING March 29, 2016 Ms. Notar noted that this initiation is in response to some issues from the Elijah's Gate church on Harrison Street. On a motion by Council Member Hammier, seconded by Vice Mayor Burk, the following was proposed: RESOLUTION Initiating Amendments to the Town Code's Noise Ordinance to Regulate Excessive Noise from Religious Services and Events Council Comments/Questions: • Fox: Questioned the number of complaints. Markel: Stated three households have been impacted. • Fox: Stated that Council should tread carefully before burdening the free exercise of religion. She stated it is not Council's purview to say how a group can worship. She expressed concern that a compelling interest is not a noise ordinance. Notar: Stated that if this amendment is initiated, great care will be taken in writing the ordinance to comply with all federal regulations. Further, she noted that noise does come under health, safety and welfare. • Dunn: Stated he would rather have staff gather more information before initiating this process. He expressed concern with regulating religious services. • Butler: Stated that this is not a freedom of religion issue, but a noise ordinance issue and the current noise ordinance's exemption for religious services is indefensible in court as we are granting greater freedom for religious noises over other noises. • Hammier: Requested further information, if this does not pass. The motion failed by the following vote: Aye: Burk, Hammler, and Mayor Butler Nay: Dunn, Fox, and Gemmill Vote: 3-3 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS None. 9 I Page COUNCIL MEETING March 29, 2016 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 Council Member Dunn, 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. 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, and Mayor Butler Nay None. Vote: 6-0-1 (Martinez absent) Council Member Gemmill recused himself. The Council convened in closed session at 10:27 p.m. The Council reconvened in open session at 10:57 p.m. On a motion by Council Member Fox, seconded by Council Member Dunn, 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: Dunn, Fox, Hammier and Mayor Butler Nay: None. Vote: 4-0-2-1 (Martinez/Burk absent/Gemmill recused) 10 I Page COUNCIL MEETING March 29, 2016 19. ADJOURNMENT On a motion by Council Member Hammler, seconded by Mayor Butler, the meeting was adjourned at 10:57 p.m. 0&.://111/ FL David S. Butler, Mayor Town of Leesburg Clerk of Cou 2016 tcmin0329 11 I Page