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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