HomeMy Public PortalAbout2016_tcmin0412 COUNCIL MEETING April 12, 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, Marty Martinez and Mayor Butler.
Council Members Absent: Council Member Dunn arrived at 8:21 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, Police Chief Vanessa Grigsby, Assistant Town Manager Scott Parker,
Library Manager Alexandra Gressitt, Director of Economic Development Marantha
Edwards, Information Technology Manager Annie Carlson, Director of Parks and
Recreation Rich Williams, Director of Utilities Amy Wyks, Director of Plan Review Bill
Ackman, Director of Planning and Zoning Susan Berry Hill, Network Administrator
John Callahan, Deputy Director of Parks and Recreation Kate Trask, Lieutenant Jeff
Dube, Recreation Superintendent Katey Jackson, Deputy Director of Planning and
Zoning Brian Boucher, Public Information Officer Betsy Arnett, Airport Manager Scott
Coffman, Human Resources Manager Mark Hauer, Senior Management Analyst Jason
Cournoyer, Senior Management Analyst Cole Fazenbaker, Deputy Director of Finance
and Administrative Services Lisa Haley, and Clerk of Council Lee Ann Green.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was led by Council Member Gemmill
3. SALUTE TO THE FLAG was led by Council Member Fox
4. ROLL CALL showing Council Member Dunn absent(arrived at 8:21 p.m.).
5. MINUTES
a. Budget Work Session Minutes of March 12, 2016
On a motion by Council Member Gemmill, seconded by Council Member
Hammler, the budget work session minutes of March 12, 2016 were approved by a vote of
6-0-1 (Dunn absent).
b. Work Session Minutes of March 28, 2016
On a motion by Council Member Fox, seconded by Council Member Hammier, the
work session minutes of March 28, 2016 were approved by a vote of 6-0-1 (Dunn
absent).
c. Regular Session Minutes of March 29, 2016
On a motion by Council Member Hammler, seconded by Council Member Fox,
the work session minutes of March 29, 2016 were approved by a vote of 6-0-1 (Dunn
absent).
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6. ADOPTING THE MEETING AGENDA
On a motion by Council Member Gemmill, seconded by Council Member Hammier, the
meeting agenda was adopted as presented by the following vote:
Aye: Burk, Fox, Gemmill, Hammier, Martinez and Mayor Butler
Nay: None
Vote: 6-0-1 (Dunn absent)
7. PRESENTATIONS
a. Proclamation—Marshall Center French Students (St. Cyr-sur-Loire)
On a motion by Council Member Hammier, seconded by Council Member Fox,
the following was proclaimed:
PROCLAMATION
Welcoming the Student Partnership Exchange Program Participants from Saint
Cyr-sur-Loire, France
WHEREAS, the Town of Leesburg recognizes the value of cultural
exchanges with other countries as a way to acknowledge and appreciate both the
differences and similarities among people from around the world; and
WHEREAS, the George C. Marshall International Center, through its
Student Partnership Exchange Program, has afforded six high school students from
Saint Cyr-sur-Loire, France, the opportunity to come to Leesburg and Loudoun
County to experience life in Virginia; and
WHEREAS, a number of Leesburg and Loudoun County businesses and
government offices are hosting the students for career explorations during the week
of April 11 through 15, 2016.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby officially welcome Killian Blois, Clemence Cauquil, Clara Lefevre,
Damien Lefevre, Noemie Moreau and Guillaume Pierre to the Town of Leesburg
and proclaim the week of April 11 through 15, 2016, to be Saint Cyr-sur-Loire
Week in the Town of Leesburg.
PROCLAIMED this 12`h day of April 2016.
b. Proclamation—National Day of Prayer
On a motion by Council Member Hammier, seconded by Council Member Fox,
the following was proclaimed:
PROCLAMATION
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COUNCIL MEETING April 12, 2016
NATIONAL DAY OF PRAYER 2016
May 5, 2016
WHEREAS, in 1852 the United States Congress established an annual
Day of Prayer; and
WHEREAS, that law was amended in 1988 to designate the first
Thursday in May as the National Day of Prayer; and
WHEREAS, people in Towns and Cities across America observe the
annual National Day of Prayer; and
WHEREAS, this is a time for citizens of all faiths to join together to pray
for our national, state and community leaders; and
WHEREAS, this year's theme "Wake Up, America" will be highlighted.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby
proclaim May 5, 2016 as The National Day of Prayer.
PROCLAIMED this 12`h day of April, 2016.
c. Proclamation—Earth Day
On a motion by Council Member Hammler, seconded by Council Member Fox,
the following was proclaimed:
PRO CLPROCLANIATION
EARTH Day
April 22, 2016
WHEREAS, the global community now faces extraordinary challenges,
such as global health issues, food and water shortages, and economic struggles;
and
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WHEREAS, all people, regardless of race, gender, income, or
geography, have a moral right to a healthy, sustainable environment with
economic growth; and
WHEREAS it is understood that the citizens of the global community
must step forward and take action to create a green economy to combat the
aforementioned global challenges; and
WHEREAS, it is necessary to broaden and diversify this global
movement to achieve maximum success; and
WHEREAS, Earth Day is the beginning of a new year for a
commitment to environmental stewardship and sustainability efforts.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim April 22, 2016 as Earth Day in the Town of
Leesburg for 2016.
PROCLAIMED this 12th day of April, 2016.
d. Proclamation—Arbor Day
On a motion by Council Member Hammler, seconded by Council Member Fox,
the following was proclaimed:
PR OCLA.NIA TION
ARBOR DAY
April 29, 2016
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska
Board of Agriculture that a special day should be set aside for the planting of
trees; and
WHEREAS, this special day, called Arbor Day, was first observed with
the planting of more than a million trees in Nebraska; and
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WHEREAS, trees provide many benefits to our community, such as
reducing the erosion of topsoil, moderating temperatures, reducing heating and
cooling costs, cleaning the air and water, and they also produce oxygen and
provide a habitat for wildlife; and
WHEREAS, planting trees and maintaining mature trees in our Town
increases property values, enhances the economic vitality of local businesses,
and beautifies our community, and
WHEREAS, the Town of Leesburg is recognized by the National Arbor
Day Foundation as a Tree City USA community for twenty-seven consecutive
years and desires to continue its tree-planting ways.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim April 29, 2016 as the official Arbor Day of the Town of Leesburg
for 2016.
PROCLAIMED this 12`h day of April, 2016.
e. Proclamation—Library Week
On a motion by Council Member Hammler, seconded by Council Member Fox,
the following was proclaimed:
PROCLAMATION
National Library Week
April 10-16, 2016
WHEREAS, libraries are not just about what we have for people, but
what we do for and with people;
WHEREAS, libraries have long served as trusted and treasured institutions,
and library workers and librarians fuel efforts to better their communities;
WHEREAS, libraries are evolving to better serve their communities and
to fulfill their role in leveling the playing field for all who seek information and
access to technologies;
WHEREAS, libraries and librarians help document and reveal the past
through reference, research, and access to historical, genealogical, and other
resources;
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WHEREAS, libraries and librarians are looking beyond traditional roles and
providing more opportunities for community engagement and deliver services that
connect closely with patrons' needs;
WHEREAS, libraries support democracy and effect social change through
their commitment to provide equitable access to information for all library users
regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or
socio-economic status;
WHEREAS, libraries, librarians, library workers and supporters across
America are celebrating National Library Week
NOW, THEREFORE, be it resolved that the Council of the Town of
Leesburg in Virginia proclaims National Library Week, April 10-16, 2016. We
encourage all residents of Leesburg, Virginia to visit Thomas Balch Library to take
advantage of the unique historical and genealogical resources available, to explore
new resources added to the collection, to engage with your librarians and to thank
them for making information accessible to all who walk through the library's doors.
Because of you, Libraries Transform.
PROCLAIMED this 12th day of April, 2016.
f. Proclamation—National Telecommunicator's Week
On a motion by Council Member Hammler, seconded by Council Member Fox,
the following was proclaimed:
PRO CLPROCLAIVIA. TION
National Telecommunicator's Week
April 10 - 16, 2016
Whereas, emergencies can occur at any time that require police services;
and
Whereas, when an emergency occurs the prompt response of police
officers is critical to the protection of life and preservation of property; and
Whereas, the safety of our police officers is dependent upon the quality
and accuracy of information obtained from citizens who telephone the Leesburg
Police Emergency Communications Center; and
Whereas, Public Safety Dispatchers are the first and most critical contact
our citizens have with emergency services; and
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Whereas, Public Safety Dispatchers are the single vital link for our police
officers by monitoring their activities by radio, providing them information and
insuring their safety; and
Whereas, Public Safety Dispatchers of the Leesburg Police Department
have contributed substantially to the apprehension of criminals; and
Whereas, each dispatcher has exhibited compassion, understanding and
professionalism during the performance of their job in the past year.
THEREFORE, PROCLAIMED that the Town of Leesburg declares the
week of April 10 through 16, 2016 to be National Telecommunicator's Week in
Leesburg, in honor of the men and women whose diligence and professionalism
keep our town and citizens safe.
PROCLAIMED this 12`h day of April, 2016.
g. Presentation—Environmental Advisory Commission Annual Report
Charles Greenough, Chair of the Environmental Advisory Commission
gave a brief report on the Commission's activities for the past year.
h. Presentation—Economic Development Commission Annual Report
Jim Sisley, former Chair, and Gwen Pangle, Chair, of the Economic
Development Commission gave a brief report on the Commission's activities for
the past year. They urged the Council to keep the Economic Development
Department at the Mason Enterprise Center.
8. PETITIONERS
The Petitioners section was opened at 8:21 p.m.
Andrew Borgquist stated that it is important that employees are treated consistent
with the spirit of the personnel manual. He stated he has found the town's management
to be very recalcitrant to changing their practices. He requested that Town Manager,
Kaj Dentler, should be reprimanded or dismissed.
Ron Campbell, 812 Fort MacLeod Terrace, requested that Council postpone
action on the item to amend the Council's rules of procedure to permit closed meetings
during council work sessions. He stated his belief that closed meetings should be held
only for certain serious purposes so that there will be transparency and accountability.
Sarah Richardson, 349 Shenandoah Street, SE, stated she supports the initiative
to track energy use in town facilities. She stated this will be a strong indicator of
leadership in the energy efficiency movement. She stated it will be cost effective as well
as reducing the town's carbon footprint.
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Bob Cusack, 709 Seton Court, stated he is the founder and co-CEO of Custom
Software Systems based in Leesburg. He addressed the proposal to move the Leesburg
Economic Development staff out of the Mason Enterprise Center. He stated the
HUBzone is working in Leesburg and it is helpful for the HUBzone businesses to have
easy access to the Economic Development department.
Susan Henson, regional director of the Mason Enterprise Center, stated that the
Economic Development staff is an integral part of the lifecycle of emerging businesses.
She stressed the importance of having the Economic Development staff engaged with
the businesses.
Gwen Pangle stated she launched her real estate company in 2012 and the Mason
Enterprise Center and the Economic Development Department helped her company
flourish.
The Petitioners section was closed at 8:41 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Dunn, seconded by Council Member Hammier, the
following consent agenda was proposed:
a. MacDowell Proffer Bond
RESOLUTION 2016-052
Authorizing a Performance and Proffer Compliance Agreement and Approving a
Performance Guarantee for Completion of an On-Site Private Sand Containment
System and Of--Site Public Road Frontage Improvements for the MacDowell
Property(TLZM2013-0005)
The Consent Agenda was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. TLSE 2015-0014—Mary's Daycare
The public hearing was opened at 8:42 p.m.
Scott Parker gave a brief presentation on the request for a home based day
care including 6-12 children.
Key Points:
• 187 Alpine Drive, SE in Evergreen Meadows subdivision.
• Internal operation and licensure of the day care operation is handled is by
the State of Virginia.
• Zoned PRC (Planned Residential Community).
• No Homeowner's Association issues.
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• Pick up and drop off times are staggered.
• No changes to the outside appearance of the home.
• Adequate outside play area with required fencing.
• All special exception requirements have been met.
• Staff recommends approval.
Mary Ugarte stated that she would like to run a day care because she has a
great love for children.
Council Comments/Questions:
• Fox: Questioned whether the back yard will meet the requirements for
square footage of play area.
Parker: Stated that the requirements are met.
• Hammler: Questioned whether there was any feedback from the
neighbors.
Parker: Stated that there is no negative feedback from the neighbors.
• Hammier: Questioned the regulations pertaining to the number of infants.
Parker: Stated that currently you are not allowed to have more than two
children under the age of two.
• Dunn: Stated that children who are residents of the home are not
included in the count.
Parker: Confirmed this.
Bill Parker, 185 Alpine Drive, stated he has known the Ugarte's since their
homes were built. He stated that Ms. Ugarte has raised respectful, cooperative
children and this is the kind of mom that is needed.
Heather Woods, 189 Alpine Drive, stated that her 19-month-old daughter
attends Mary's daycare. She stated that everything that Mary has done has had a
positive impact. She stated it would be a benefit to the neighborhood if Mary was
able to increase the number of children at the day care.
The public hearing was closed at 8:59 p.m.
On a motion by Council Member Martinez, seconded by Vice Mayor Burk, the
following was proposed:
RESOLUTION 2016-053
Approving TLSE 2015-0014, Mary's Daycare, a Family Day Home Located on
Property Identified as PIN Number 232-17-8888 and Located at 187 Alpine Drive,
SE
Council Comments/Questions:
• Martinez: Stated it is nice to see the neighbors supporting this application.
• Hammier: Stated she understands how important it is to have quality
daycare in the neighborhood.
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• Fox: Stated she is a little worried about the number of children, but if Ms.
Ugarte feels confident, she will support it.
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez and Mayor Butler
Nay: None
Vote: 7-0
b. Adopting Fiscal Year 2017 Budget and Capital Improvements Program
The public hearing was opened at 9:01 p.m.
Clark Case, Director of Finance and Administrative Services, gave a brief
summary of the proposed budget ordinance.
Key Points:
• Second year of a two year budget modeled after the state's budget cycle.
• 2017 is the "fiscal cliff' that was predicted.
• Anticipated savings in the employee health benefits program to be used to
fund capital projects management costs.
• Operational cost increases in public works and information technology
related to existing licenses and contracts.
• An $0.186 tax rate was approved by Council on April 11.
• 1.2 percent increase in General Fund expenditures without counting debt
service.
• Debt service is going 43 percent— about $2.4 million.
• Capital Projects fund is going down 31 percent because of completion of
several large projects.
• Utilities fund expenditures are down about 11 percent due to the reduction
in capital projects and capital asset replacements.
• Overall budget is down 3.4 percent.
• Enhancements include downtown initiatives that would treat the
downtown the same way the town treats its parks.
• Added a network administrator position to provide coverage of critical
town systems to replace a contract position at a savings about $50,000
annually.
• Capital Asset Replacement program includes in-car and body camera
replacements and renovations of Town Hall.
• Parks and recreation capital asset replacements include replacement of
playground equipment at Rotary Park, Ida Lee, and Tuscarora Creek
parks.
• Capital improvements include replacement of the skate park, Chesapeake
Bay stormwater infrastructure improvements and the Lower Sycolin
Sewage Conveyance system and flood mitigation for Tuscarora Creek.
• Leesburg is a financially sound, Triple-A bond rated community.
Council Comments/Questions:
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• Dunn: Questioned whether the town will have to pay $2.4 million in debt
service every year.
Case: Stated that it peaks in 2018 and drops gradually after that.
• Hammier: Questioned the cost for cyber security insurance.
Case: Explained the VML insurance pool.
Mayor Butler read Ara Bagdasarian's comments into the record.
"I would like to offer clarification on why Dept. of Economic
Development was located, and should remain at the Leesburg Mason
Enterprise Center (MEC). The MEC was envisioned to be and has
become the hub of entrepreneurship in our community. A "one stop shop"
for citizens who are interested in starting a business, growing a business,
or networking and connecting with growing businesses. The Mason
Enterprise Center is a successful economic development program because
of the synergies created by collocating the Small Business Development
Center, George Mason Enterprise Center, and Town's Economic
Development Depai tinent. The programs, events, resources, and
opportunities offered are key to Leesburg's infrastructure for
entrepreneurship.
I strongly urge you to visit the Enterprise Center tomorrow
morning. You will experience the training room filled with entrepreneurs
and small business owners sharing ideas, connecting, and supporting one
another. I strongly urge you to visit and speak with members and visitors,
and witness first-hand the value created by the combined entities. Indeed,
it would be a cost savings to the Town, however does the modest budget
reduction outweigh the benefits? The benefits derived by shared proximity.
Locating Economic Development in the most relevant location and context
for business support is most valuable. Just as Parks and Recreation staff
offices are located at Ida Lee, Economic Development offices are best
suited at the Mason Enterprise Center.
I know you have much to deliberate and I appreciate your
stewardship of the Town's budget. I also understand the full context of
why the Economic Development Department was located at the MEC
may not have been apparent. Hopefully this provides adequate ackground
to help inform your budget decision moving forward.
Sincerely,
Ara Bagdasarian
Former Chairman, Leesburg Economic Development Commission
CEO, Omnilert"
Kevin Wright, 109 Pershing Avenue, NW, stated with regards to the late
proposal to end the lease at Olde Izaak Walton Park, that the park is the home of
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