HomeMy Public PortalAbout2016_tcmin0510 COUNCIL MEETING May 10, 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 Hammier, Suzanne Fox, Marty Martinez and Mayor Butler.
Council Members Absent: None.
Staff Present Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy
Town Manager Keith Markel, Assistant Town Manager Scott Parker, Chief of Police
Vanessa Grigsby and Paralegal Carmen Smith.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was led by Council Member Hammier
3. SALUTE TO THE FLAG was led by Council Member Gemmill
4. ROLL CALL showing all members present.
5. MINUTES
a. Regular Session Minutes of April 12, 2016
On a motion by Council Member Gemmill, seconded by Council Member
Hammier, the regular session minutes of April 12, 2016 were approved by a vote of 7-0.
6. ADOPTING THE MEETING AGENDA
On a motion by Council Member Hammier, seconded by Council Member Dunn, the
meeting agenda was adopted as presented by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. Certificates of Appreciation—Tree Commission Volunteers at Flower and
Garden Show
On a motion by Council Member Hammier, seconded by Council Member Dunn
Certificates of Appreciation were presented to the following Tree Commission volunteers:
Pamela Butler Ashlyn Gill
Ethan Gill Walter Gill
Darren Korch Daniel Butler
Abby McKay Ann Stetford
Natalie McDonald Nicole Greco
Connor Shields
b. Proclamation: National Nursing Home Week
1 I Page
COUNCIL MEETING May 10, 2016
On a motion by Council Member Hammler, seconded by Council Member Dunn
the following was proclaimed:
PROCLAMATION
National Nursing Home Week
May 8 - 14, 2016
WHEREAS, we honor and respect our elders and citizens of
any age with physical or intellectual disabilities who reside in skilled
nursing care centers in Leesburg, Virginnia; and
WHEREAS, skilled nursing care centers throughout our area
are holding events in observance of National Nursing Home Week,
May 8 to 14, using this year's theme of"It's a Small World, with a
Big Heart;" and
WHEREAS, we urge all citizens to visit a loved one, family
member or friend residing in any care setting and offer a kind word, a
personal touch, and time spent participating in various activities as a
way to help in all walks of life in need of our continuing love and
support; and
WHEREAS, the Town of Leesburg is committed to quality
health care, we take this moment to embrace the spirit of the theme
"It's a Small World, with a Big Heart." Let's join all residents,
patients, caregivers, nurses, other staff, and visitors in celebrating their
special week;".
NOW, THEREFORE the Mayor and Council of the Town of
Leesburg in Virginia hereby declare the week of May 8 to 14, 2016, as
National Nursing Home Week, a week to honor our vulnerable
citizens who receive care, or the dedicated ones giving care.
PROCLAIMED this 10`h day of May, 2016.
c. Proclamation: Preservation Month
f I On a motion by Council Member Hammler, seconded by Council Member Dunn
the following was proclaimed:
2 I Page
COUNCIL MEETING May 10, 2016
PROCLAMATION
National Preservation Month
May, 2016
WHEREAS, Leesburg is over 250 years old, and features historic resources
that date from the earliest clays of the town's founding; and
WHEREAS, the Town of Leesburg established the Old and Historic District in
1963; and
WHEREAS, historic and cultural resources are prevalent throughout the
community including outside the boundaries of the Old and Historic District; and
WHEREAS, historic preservation is an effective tool for managing growth and
sustainable development, revitalizing neighborhoods, fostering local pride, and
maintaining community character while enhancing livability; and
WHEREAS, it is important to celebrate the role of history in our lives, and the
contributions made by dedicated individuals in helping to preserve the tangible aspects
of the heritage that has shaped Leesburg; and
WHEREAS, historic preservation is relevant for communities across the nation
both urban and rural, and for Americans of all ages, all walks of life, and all ethnic
backgrounds.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim May 2016 as National Preservation Month, and call upon the
people of Leesburg to join their fellow citizens across the United States in
recognizing and participating in this special observance.
PROCLAIMED this 10th day of May. 2016.
3 1 Page
COUNCIL MEETING May 10, 2016
d. Proclamation: Tourism Week
On a motion by Council Member Hammler, seconded by Council Member Dunn
the following was proclaimed:
PROCLAMATION
National Travel& Tourism Week
Mary 1 - 7, 2016
WHEREAS, the first full week in May is recognized as National
Travel and Tourism Week to promote the tourism industry; and
WHEREAS in 2014 Virginia tourism revenues topped $22.4 billion
and generated 1.6 billion in travel spending just in Loudoun; and
WHEREAS, the travel and tourism industry consistently ranks
among the top five largest private employers and in Loudoun supports
more than 16,000 jobs; and
WHEREAS, the tourism industry contributes substantially to the Leesburg
community's cultural and social wellbeing by way of the attractions, special events,
arts, shopping and dining opportunities; and
WHEREAS, each Leesburg household receives more than $630 annually in
combined Town and County tax relief as a result of visitor spending; and
WHEREAS, the Visitor Center for Loudoun County is centrally located
in Downtown Leesburg and attracts more than 1,000 visitors monthly; and
WHEREAS through travel and tourism stories in 2014, the town of
Leesburg has garnered more than $800,000 in media exposure and coverage across
the country including Philadelphia Sunday Sun, New Jersey Star-Ledger,
Washington Post and Fox 5.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim the first week in May 2016 as National Travel and
Tourism week and call on the citizens of and visitors to Leesburg to be enjoy all
that Leesburg has to offer.
PROCLAIMED this 10`h day of May,2016.
e. Proclamation: Small Business Week
On a motion by Council Member Hammler, seconded by Council Member Dunn
the following was proclaimed:
4 I Page
COUNCIL MEETING May 10, 2016
PROCLAMATION
SMALL BUSINESS WEEK
May 16 — May 22, 2016
WHEREAS, the growth of the Leesburg business community has been
steady and successful in attracting and retaining a diversity of quality businesses
that have proven their benefit to the Town's economy; and
WHEREAS, the Leesburg business climate is healthy in workforce,
infrastructure and entrepreneurs; and
WHEREAS, Leesburg is a AAA community and home to more than
2,500
Businesses; and
WHEREAS, Leesburg's small businesses provide a tremendous resource
to a variety of social and charitable causes that make a significant difference to
the lives of Leesburg residents; and
WHEREAS, a vibrant, healthy economic environment is the cornerstone
of a successful, thriving community where good jobs are easily accessible.
WHEREAS, Small Business Week gives small business operators the
opportunity to make important contacts and learn valuable information at a
number of events.
WHEREAS, Small Business Week is co-sponsored by Loudoun County
Economic Development, Loudoun County Chamber of Commerce, Loudoun
Workforce Development Center, Mason Enterprise Center, Northern Virginia
Technology Council, and the Town of Leesburg.
THEREFORE, the Mayor and Town Council of the Town of Leesburg in
Virginia hereby proclaim the week of May 16th through May 22nd as Small
Business Week in the Town of Leesburg and urge the citizens of Leesburg to
support our local business owners that do their part to create a vibrant, sustainable
economic environment for the Town of Leesburg.
PROCLAIMED this 10th day of May, 2016.
f. Proclamation: Lyme Disease Awareness Month
On a motion by Council Member Hammier, seconded by Council Member Dunn
the following was proclaimed:
5 1 Page
COUNCIL MEETING May 10, 2016
111 PROCLAMATION
Lyme Disease Awareness Month
May, 2016
WHEREAS, Lyme disease is an infectious disease caused by spirochetal
bacteria, Borrelia burgdorferi, which is carried by deer ticks, and our
understanding of these complex organisms is incomplete; and
WHEREAS, Lyme disease is the most common tick-borne disease in the
United States; and
WHEREAS, if it is not treated early, Lyme disease can infect every part
of the body and cause a wide variety of symptoms requiring medical practitioners
to have familiarity with its various clinical presentations; and
WHEREAS, there are multiple protective and preventative actions that
can be taken by individuals to reduce exposure and infection; and
WHEREAS, through public awareness and physician education, the
Town of Leesburg seeks to minimize the devastating effects of Lyme disease
among all of its citizens.
NOW, THEREFORE PROCLAIMED by the Mayor and Council of the
Town of Leesburg in Virginia that the month of May, 2016 is Lyme Disease
Awareness Month in the Town of Leesburg.
PROCLAIMED this 10`"day of May, 2016.
h. Presentation: Keep Leesburg Beautiful— Golden Trash Can Winner
Keith Markel gave a presentation regarding the amounts of trash collected
by Council and staff as part of the competition.
Council: 1520 pounds
Staff: 583 pounds
8. PETITIONERS
The Petitioners section was opened at 8:01 p.m.
6 I Page
COUNCIL MEETING May 10, 2016
Gwen Armstrong, Patterson Court, NW, stated the Bible Reading Marathon was
wonderful and thanked those Council Members who participated.
Andrew Borgquist stated that he is trying to get some resolution to his situation.
He stated that Town Manager Dentler talked to him about employees ineligible for re-
employment. He stated that this is not addressed in the Personnel manual. He stated he
felt tricked and mistreated by Director Rich Williams after his disagreement with the
Leesburg Police officer. He requested that his situation be reviewed.
Ron Campbell, 812 Fort MacLeod Terrace, stated that sometimes Council
members behave in imperfect ways. He thanked Council Member Hammler for her civil
words. He stated that the Council needs to prepare prior to meetings so that they do not
have to continually review things that have already been decided. He stated it is almost
embarrassing to watch it break down every week.
Craig Lane, 613 Cobbler Terrace, SE, stated the community has been closely
following the drama regarding the barricade at the end of Kincaid Boulevard. He
thanked Council for the continued support of leaving the barricades in place. He stated
they are concerned with the fact that the barricades belong to the county. He stated the
residents would like something more substantial.
The Petitioners section was closed at 8:19 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Hammler, seconded by Council Member Fox, the
following consent agenda was proposed:
a. Public An Exhibit by Steven Hey!
RESOLUTION 2016-066
Approval ofa Public An Exhibit at Town Hall by Steven Heyl
b. Authorizing the Mayor to Issue a Letter of Support to Northern Virginia Regional
Transit Authority(NVTA)to Request Funding for the Interchange at Route 7 East
and Battlefield Parkway
MOTION 2016-009
I authorize the Mayor to Issue a Letter of Support to Northern Virginia Regional
Transit Authority(NVTA)to Request Funding for the Interchange at Route 7 East
and Battlefield Parkway
c. Donation of Surplus Police Vehicle to the Leesburg Police Citizens Support Team
RESOLUTION2016-067
Donation of an Out of Service Police Vehicle to the Leesburg Police Citizens
Support Team for the Purpose of Continued Use
7 I Page
COUNCIL MEETING May 10, 2016
d. Re-Affirming Town Council's Position to Delay the Opening of the Kincaid
Boulevard Extension
RESOLUTION 2016-068
Re-Affirming Town Council's Position to Delay the Opening of the Kincaid
Boulevard Extension
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. Amending the Zoning Ordinance Regarding Noise in the R-1
The public hearing was opened at 8:21 p.m.
Scott Parker gave a brief presentation regarding a proposed amendment to
the Zoning Ordinance that would provide consistency with Chapter 24 of the
Town Code.
Key Points:
• Creates consistency between the Town Code and the Zoning Ordinance
on how late noise can be generated.
• R-1 Zoning Districts are single family residential.
• Corrects 8 p.m. — 11 p.m. for indoor sound from 10 p.m. to 11 p.m.
• Planning Commission unanimously recommended approval.
There were no members of the public wishing to address this public
hearing.
The public hearing was closed at 8:27 p.m.
On a motion by Council Member Martinez, seconded by Council Member Fox, the
following was proposed:
ORDINANCE 2016-0-012
Amending Article 9, Section 9.5.4D, Standards for Specific Uses, Fair in the R-1
District, to Provide Consistency with Town Code, Chapter 24
Council Comments:
• Hammier: Disclosed that her house backs up to Paxton and this
amendment specifically supports Paxton's initiatives.
• Dunn: Questioned whether staff has looked at the number of events
allowed at Paxton.
Parker: Stated the number of events allowed in the R-1 was increased as
part of the batch amendments.
8 I Page
COUNCIL MEETING May 10, 2016
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler
Nay: None
Vote: 7-0
11. RESOLUTIONS AND MOTIONS
a. Amending the Zoning Ordinance regarding Temporary Portable Storage
Units
On a motion by Vice Mayor Burk, seconded by Council Member Martinez, the
following was proposed:
ORDINANCE 2016-0-013
Amending the Leesburg Zoning Ordinance Article 9, Use Regulations, and Article
18, Definitions to Establish Regulations for Temporary Portable Storage Units
Council Comments:
• Burk: Stated this ordinance will help neighborhoods that have no other
recourse and help with quality of life issues.
• Dunn: Stated he would have rather had it be a certain time period. He
stated having it in the driveway in front of the house for the length of time
allowed is long. He stated he would rather not have them be able to
extend the length of time, but have it treated as a shed.
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Martinez, Hammier and Mayor Butler
Nay: None
Vote: 6-0-1 (Gemmill abstaining)
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Request Review of Termination of Andrew Borgquist
Council Member Dunn stated he would like to direct the Town Manager
to review the termination of Mr. Borgquist.
On a motion by Council Member Dunn, seconded by Council Member Gemmill,
suspending the rules was not approved:
Aye: Dunn, Fox, Gemmill, and Hammier
Nay: Burk, Martinez, and Mayor Butler
111Vote: 4-3(must be unanimous)
15. COUNCIL COMMENTS
9 I Page
COUNCIL MEETING May 10, 2016
Council Member Fox congratulated Deputy Zoning Administrator Brandon
White on his future employment plans. She stated she attended the National Day of
Prayer and the Business Summit. She stated it was a very informative summit. She
reiterated her feelings about the building of hangars at the airport. She stated there are
businesses that want to come to town or expand at the airport.
Council Member Hammier: Stated that any discussions about Mr. Borgquist
should be held in Closed Session. She stated that Custom Software cannot find space to
expand. She stated HUBZone companies have needs for additional space.
Vice Mayor Burk: stated she attended the Tree Commission Arbor Day
celebration at Frances Hazel Reid and each child got a small tree to plant. She stated
the Ecology Club at Tuscarora High School planted 65 trees as partners with Journey
through Hallowed Ground. She stated she rang the bell at the opening of the Farmer's
Market at Virginia Village. She stated the variety of goods is great. She stated she
attended the ribbon cutting at 27 South on S. King Street. She stated the Friends of
Loudoun Mental Health had a fundraiser and they help those with mental health issues
with a variety of issues.
Council Member Gemmill: Thanked Council for their efficiency completing the
agenda.
111Council Member Dunn: Stated he looks forward to future council member
comments debating Mr. Campbell since he uses his citizen speaking time to make
political speeches. He stated he will use Council Member Comments to counter his
points and set the record straight.
16. MAYOR'S COMMENTS
Mayor Butler stated his tie symbolizes autism awareness. He stated that Tom
Mason's retirement party was well put together and stated that Mr. Mason will be
missed. He stated he attended the Oatlands Gala and Media Day at the Evergreen
Sportsplex. He stated he opened the farmer's market on Saturday and rang the bell. He
read several "If I were Mayor" essays from the Virginia Town and City (Virginia
Municipal League) magazine. He stated the future of the Commonwealth is in good
hands with these young people.
Council Member Hammler stated that many of the essays came from students in
Loudoun County thanks to the Civics program with Morven Park.
17. MANAGER'S COMMENTS
Kaj Dentler congratulated Council on regaining ownership of the Golden Trash
Can.
18. CLOSED SESSION
a. None.
10 I Page
COUNCIL MEETING May 10, 2016
19. ADJOURNMENT
On a motion by Council Member Hammler, seconded by Council Member Fox, the
meeting was adjourned at 8.:57 p.m.
David S. Butler, Mayor
Town of Leesburg
A ' 'ST
Clerk of"Couneil
2016_tcmi„O51d )
11 1 Page