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
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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
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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.
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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
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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)
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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:
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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.
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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
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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.
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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)
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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.
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David S. Butler, Mayor
Town of Leesburg
Clerk of Cou
2016 tcmin0329
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