HomeMy Public PortalAbout2016_tcmin0927 (2) COUNCIL MEETING September 27, 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 Hammler arrived at 7:39 p.m.
Staff Present: Town Attorney Barbara Notar, Deputy Town Manager Keith Markel,
Director of Economic Development Marantha Edwards, Director of Capital Projects
and Public Works Renee Lafollette, Director of Planning and Zoning Susan Berry Hill,
Human Resources Manager Mark Hauer, Interim Chief of Police Vanessa Grigsby, IT
Project Manager John Callahan, Senior Management Analyst Jason Cournoyer and
Clerk of Council Lee Ann Green.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Mayor Butler
3. SALUTE TO THE FLAG was led by Council Member Dunn
4. ROLL CALL
a. Roll Call showing Council Member Hammier absent (arrived at 7:39
p.m.)
5. MINUTES
a. Work Session Minutes of September 12, 2016.
On a motion by Council Member Dunn, seconded by Council Member Fox, the
work session minutes of September 12, 2016 were approved by a vote of 6-0-1 (Hammier
absent).
b. Regular Session Minutes of September 13, 2016.
On a motion by Council Member Gemmill, seconded by Council Member Dunn,
the regular session minutes of September 13, 2016 were approved by a vote of 6-0-1
(Hammier 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, Martinez and Mayor Butler
Nay: None
Vote: 6-0-1 (Hammier absent)
7. PRESENTATIONS
a. Proclamation—National Customer Service Week
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COUNCIL MEETING September 27, 2016
Ona motion by Council Member Dunn, seconded by Council Member Fox, the
following was proclaimed:
PRO CLAMA TION
National Customer Service Week
October 3-7, 2016
WHEREAS,National Customer Service Week was established by the
International Customer Service Association (ICSA) in 1984 and proclaimed a
national event by the U.S. Congress in 1992; and
WHEREAS,this year's theme is One Goal, One Team, No Limits; and
WHEREAS,the Town of Leesburg's Council and staff are dedicated to
providing excellent and timely customer service to all its customers; and
WHEREAS,the Town of Leesburg's Customer Service team has developed a
Customer Service Policy that follows the acronym L.E.A.D. —Leadership, Excellence,
Accountability, and Dedication as a reminder of its core commitment to not only
meeting, but exceeding customer expectations.
THEREFORE,PROCLAIMED, by the Council of the Town of Leesburg in
Virginia, that October 3-7, 2016 is National Customer Service Week in the Town of
Leesburg and all staff are reminded of their role in ensuring that the Town of Leesburg is
an ideal community in which to live, work and play.
PROCLAIMED this 27`'' day of September. 2016.
b. Proclamation—Middleburg Bank
On a motion by Council Member Dunn, seconded by Council Member Hammier,
the following was proclaimed:
PROCLAMATION
Congratulating Middleburg Bank on 20 Years of
Service to the Town of Leesburg
September 30, 2016
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COUNCIL MEETING September 27, 2016
111 WHEREAS, Middleburg Bank opened its first Leesburg branch 20 years ago;
and
WHEREAS, Middleburg Bank has located its Corporate Operations Center in
Leesburg creating approximately 70 jobs; and
WHEREAS, Middleburg Bank is proud to support the community by
sponsoring many community events such as the Youth Job Fair and the Airshow; and
WHEREAS, Middleburg Bank contributes to many community projects that
enhance the quality of life for Leesburg residents such as the sculpture garden in
Raflo Park.
THEREFORE, PROCLAIMED, by the Council of the Town of Leesburg in
Virginia, that Middleburg Bank is congratulated on 20 years of service to the
Leesburg community.
PROCLAIMED this 27th day of September. 2016.
c. Certificate of Recognition—FedBiz
The Council presented a Certificate of Recognition to Don and Nina Tiaga
in recognition of the achievements of their company, FedBiz.
d. Certificate of Recognition—Habitat for Humanity
The Council presented a Certificate of Recognition to Kari Murphy on
behalf of Loudoun Habitat in recognition of the work the organization does to
provide homes for Loudoun citizens.
e. Certificate of Appreciation—Team Mathias
The Council presented a Certificate of Appreciation to Linda Long and
Roya Giordano for the work that Team Mathias does to bring awareness of
pediatric cancers to town citizens by placing yellow ribbons on the downtown
parking meters.
8. PETITIONERS
The Petitioners section was opened at 7:51 p.m.
Minu Beijan, 126 Governors Drive, SW, stated that people should consent to
having the toxic chemical, fluoride, in their water. She stated that despite the fact that it
has been recommended by the American Dental Association, the chemical in the water
goes into the body and should be approved by the American Medical Association as
well. She listed the organs that are adversely affected by fluoride in the water.
Gwen Armstrong, 304 Patterson Court, NW, read an excerpt from the U.S.
Constitution to Council and offered a prayer for Council.
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COUNCIL MEETING September 27, 2016
Gem Bingol, 1508 Shields Terrace, NE, expressed her dissatisfaction that the
Council may take up a vote to rescind the Crescent Parke decision. She questioned
whether it is an example of good governance or showing moral responsibility to the
citizens of Leesburg. She stated that the Leesburg residents deserve more from their
officials. She questioned what guidelines allow them to reverse a decision. She asked
them to rethink their decision to rescind.
The Petitioners section was closed at 8:05 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Gemmill, seconded by Council Member Dunn, the
following consent agenda was proposed:
a. Remote Participation in Public Body Meetings
RESOLUTION 2016-121
Remote Participation Policy for Town of Leesburg Public Body Meetings
b. TLCP 2016-0001, Milestone Communications
RESOLUTION 2016-122
Approving an Additional(3rd)120-Day Time Extension for the Review of
Commission Permit Application TLCP 2016-0001, Milestone Communications
c. Virginia Department of Transportation SMART Scale Applications
RESOLUTION 2016-123
Endorsing SMART Scale Applications to the Virginia Department of
Transportation
d. Performance Guarantee: Edwards Ferry Road Retail(TLPF 2015-0001)
RESOLUTION 2016-124
Authorizing and Agreement and Approving a Performance Guarantee, a
Waterworks Extension Permit and a Sewer Extension Permit for Edwards Ferry
Road Retail(TLPF2015-0001)
e. Public Improvements at Oaklawn Landbay C—Gas Station (TLPF2013-0021)
RESOLUTION 2016-125
Accepting the Public Improvements, Releasing the Performance Guarantee and
Approving a Maintenance Guarantee for Oaklawn Landbay C—Gas Station
(TLPF2013-0021)
The Consent Agenda was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez and Mayor Butler
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COUNCIL MEETING September 27, 2016
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Telecommunications Zoning Ordinance and Town Plan Amendment
The public hearing was opened at 8:06 p.m.
Susan Berry Hill gave a brief presentation on the Town Plan
Amendment.
Key Points:
• Will re-note that telecom facilities should be co-located on existing
facilities.
• Notes locational preferences for telecom facilities.
• Provides guidance on when commission permits are necessary.
• Addresses general performance standards for telecom facilities.
• Distributed antenna systems and small cell facilities are smaller facilities
that can be fixed to poles or buildings and help distribute broadband.
• Will encourage the minimization of the need for new towers or
monopoles through the use of small scale technology.
• No commission permit will be necessary when performance standards are
met.
• The Planning Commission and the Technology and Communication
Commission have both reviewed and recommend approval of the
proposed amendments.
Chris Murphy gave a brief presentation on the Zoning text amendments.
Key Points:
• Will expand the permissible types of telecommunication facilities and the
districts in which such facilities will be permitted.
• Will streamline the review process for certain types of facilities, their use
and performance standards.
• Planning Commission and staff recommend approval of the proposed
amendments.
• The telecommunications industry is looking to expand their systems to
accommodate the growth of smart phones and other devices that depend
on the wireless network.
• Small cells take the burden off a macro system.
• Noted that there were several errors in the ordinance that was presented.
Council Comments/Questions:
• Gemmill: Questioned whether there would be any cost outlay for the
town. He questioned whether this will improve cell service during
catastrophic events.
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Murphy: Stated the town may get some permit fees, but there will be no
cost. Further, he surmised that with the small cell deployments, there will
be less chance of dropped calls.
• Martinez: Noted that with a distributed system, there is not a single point
for failure.
Frank Stearns, stated he was speaking on behalf of the
telecommunications industry. He stated that it is very important to have quality
coverage. He stated that the equipment at the base of the pole should not be
prohibited in stealth applications.
Zachariah Ingalls, 207 Meadows Lane, NE, stated that the free reign to
deploy these systems is concerning. He stated it may cause devaluation if they
are visible in residential neighborhoods. He requested some restraints in
residential districts to protect property values.
Council Comments/Questions:
• Fox: Questioned what oversight will be provided.
Murphy: Stated that if it meets the minimum use standards, it is a zoning
permit review.
On a motion by Council Member Fox, seconded by Vice Mayor Burk, the following
was proposed:
ORDINANCE 2016-0-021
Amending Zoning Ordinance Articles 5, 6, 7, 8, 9 and 18 to Establish Definitions
for and Use Regulations Relating to the Telecommunications Systems Types
Known as Distributed Antenna Systems(DAS), Small Cells and Power Mount
Facilities on Existing Electrical Transmission Towers
She noted the following corrections to the draft ordinance:
1. Strike "such antenna and any associated building structure, utility pole, or
light standard mounted equipment cabinets shall not exceed 20 cubic feet and
shall be ofa material/color which closely matches and blends with the
associated building structure, utility pole or light standard.
2. Strike "appropriateness from the Board of Architectural Review(BAR). No
ground mounted equipment shall be permitted anywhere within the H-1
overlay district.
Council Member Comments:
• Fox: Stated she feels that moving this forward is part of important
infrastructure.
• Hammier: Stated she feels that Mr. Ingall's concern was addressed by
staff. She clarified that stealth bases would not be considered ground
mounted.
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Murphy: Stated that the language in question states that ground mounted
stealth equipment is allowed and has been clarified to ensure that stealth
equipment that is in the base, is considered ground mounted and not pole
mounted.
Stearns: Stated that the current language states that no ground mounted
antenna equipment shall be permitted on the property or right of way in
front of a residential use. He requested that if a stealth design on a light
pole base is used in a residential area, that it be permitted.
• Hammler: Agreed that with the number of cell phones predicted in the
coming years, that the infrastructure needs to be as camouflaged as
possible moving forward.
• Martinez: Questioned the power in and out of these antennas. He
expressed his comfort with the proposed language concerning the stealth
application.
Murphy: Stated he does not have that information, but he understands
the power use and generation is low.
• Martinez: Stated he is aware that some larger companies have indoor
distributed systems.
Murphy: Stated the iDAS is the indoor application and is not meant to
serve outside the building and those applications are byright.
• Dunn: Stated that 20 cubic feet sounds large. He confirmed that the
language on 7a is being left in the ordinance.
• Fox: Stated this is part of the 21" century infrastructure and will be very
important moving forward.
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler
Nay: None
Vote: 7-0
On a motion by Council Member Fox, seconded by Council Member Hammier, the
following was proposed:
RESOLUTION 2016-126
Adopting Town Plan Amendments through TLTA 2016-0001, Amending Town
Plan Policy Language for Chapter 10 Community Facilities and Services to Update
the Telecommunications Policies
Council Comments:
• Hammier: Thanked everyone for putting this together.
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler
Nay: None
Vote: 7-0
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COUNCIL MEETING September 27, 2016
b. Town Manager's Public Hearing—Residential Permit Parking Zone (300
Block of Cherry Lane, NE)
The public hearing was opened at 9:03 p.m.
Calvin Grow gave a presentation on the request by the residents of the 300
block of Cherry Lane, NE, for a residential permit parking zone.
Key Points:
• Residents are concerned over lack of parking caused by the apartment
complexes nearby.
• Survey shows over 75 percent of the available parking taken up on this
block with 25 percent of those parking in the neighborhood are not
residents of the area.
• Staff will receive comments and make a recommendation to the Town
Manager.
• If approved, each household will receive a permit for each registered
vehicle and two visitor's passes.
• Vehicles parked in the designated permit area without a permit will be
subject to ticketing, fines and towing.
Council Comments/Questions:
• Burk: Questioned whether this will just push the parking problem into
another neighborhood by not looking at the parking in that area as whole.
Grow: Stated that the parking problem has been block by block and will
move to another street.
• Burk: Suggested that the SRTC look at parking options for this area.
• Fox: Questioned how staff determined which cars did not belong to
residents of the area. She questioned whether the houses in this area have
driveways.
Grow: Stated that the inspector recorded the license plate numbers and
worked closely with police to determine which vehicles were registered to
addresses in the neighborhood. He stated that there is only one residence
on the 300 block of Cherry Lane, but the surrounding neighbors could
have permits, if desired.
• Hammier: Questioned why out of area residents are parking on that street
and whether the owners of the vehicles have been surveyed to find out
why they are doing this.
Grow: Stated that people are storing their vehicles there and going
somewhere else. He added that the owners have not been questioned.
Wayne and Julie Cooper, 303 Cherry Lane, NE, stated they are the only
house on this section of Cherry Lane. She stated that there are out of state
vehicles that park there, sometimes for long periods of time. She stated that
111 people even park in their driveway. They expressed that a lot of the vehicles are
from sub-renters in the apaltinents or in Heritage Square and they are tired of
cleaning up debris left from the owners of the vehicles.
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Vicki Smith, 101 Birch Street, NE, stated that she lives on the corner of
Birch and Cherry. She stated that the trash left behind by those parking is
disgusting. She stated that the vehicles stay parked for a long period of time. She
stated that Birch Street will be the next parking lot if Cherry Lane gets the permit
parking zone. She stated that they no longer know who is in their neighborhood
and they want their neighborhood back. Further, she stated that the
neighborhood has signed a petition asking for a permit parking zone.
Zachariah Ingalls, 207 Meadows Lane, NE, stated that this neighborhood
has the same issue that the Meadows Lane neighborhood has. He stated that he
has issues to address the core issue causing the parking situation. He suggested
that those residences that have property abutting a public road have dedicated on-
street parking.
The public hearing was closed at 9:27 p.m.
c. Town Manager's Public Hearing—Residential Permit Parking Zone
(Meadows Lane, NE)
The public hearing was opened at 9:28 p.m.
Calvin Grow gave a brief presentation on the request for a permit parking
zone on Meadows Lane, N.E.
Key Points:
• Same basic complaints as made on Cherry Lane due to lack of available
parking.
Council Comments/Questions:
• Martinez: Stated that every time Council approves one of these, the
parking problem moves to the next street. He stated he supports permit
parking, but options for overflow parking needs to be explored. He
suggested businesses that are not open at night to relieve the congestion on
neighborhood streets. He stated that when his children were younger and
lived at home, they had six cars.
• Dunn: Stated this is not a parking problem, but has been created by
multiple families living in single family units. He stated that in the past 15
years, the town has added over 15,000 people to the population and only
1000 homes. He stated that the Town Manager told him that the town
does not have the manpower to investigate all the over-crowding
complaints.
• Butler: Stated that staff is looking at a suggestion to make Meadows Lane
be a one-way loop and have angled parking on one side of the street.
Jaime Van Antwerp, 205 Meadows Lane, NE, stated she just moved into
the neighborhood and feels that most of the overcrowding is related to the
apartment complexes. She stated that there is a courtesy policy with the
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neighbors to leave a spot in front of each other's homes, but she still has to pick
and choose the times she leaves the house. She stated that the trash issues exists
in her neighborhood as well, nor does she feel safe in the neighborhood because
they do not know who is in the neighborhood.
Joshua Gray, 205 Meadows Lane, NE, stated he does not sleep well at
night so he is always out walking around the neighborhood at night. He stated
that people are walking through their neighborhood to park. He stated he
understands that the town cannot control the HOA parking lots, but a permit
parking zone would alleviate the on-street issue so that people could park in front
of their homes.
April Grant, 163 Meadows Lane, NE, stated she is being confronted by
neighbors who are upset about where she parks because she was not aware of the
polite policy to allow people to park in front of their homes. She stated she has to
be rude to her neighbors or park in the parking lot and haul her children and
belongings down the street. She stated the trash is also a problem.
Zachariah Ingalls, 207 Meadows Lane, NE, stated that the HOA can bind
the owners to allowing each owner to park in front of their homes which would
provide two spaces per home in the community. Further, he stated that the few
owners that face Fort Evans Road will also need a permit parking zone. He
stated he has been confronted by angry space savers when their cones are moved
so he does not feel safe leaving the house unarmed.
John Ecker, 143 Meadows Lane, NE, stated that the non-resident parking
in the neighborhood has pitted neighbor against neighbor. He stated that the
residential permit parking will relieve the on-street overcrowding during the
overnight hours.
The public hearing was closed at 9:54 p.m.
Council Comments/Questions:
• Hammler: Encouraged residents to report overcrowding whenever they
see it.
• Dunn: Stated the Cedarwalk neighborhood will have the same issues. He
stated family members can live in the same home. He stated unrelated
people living in the same home is what is causing the problems.
11. RESOLUTIONS AND MOTIONS
a. Fiscal Year 2018 Funding Request Submission to the County of Loudoun
On a motion by Council Member Hammier, seconded by Council Member Dunn,
the following was proposed clarifying that fullfiinding of the School Resource Officer
program is being requested:
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COUNCIL MEETING September 27, 2016
RESOLUTION 2016-127
Request for Funding from the County of Loudoun for Fiscal Year 2018
Council Comments/Questions:
• Hammler: Stated her appreciation for the county's support for capital
projects and obtaining NVTA funds. She stated she appreciates the
county providing full funding to allow Leesburg Police officers to do
community policing as school resource officers and she urges Supervisor
Umstattd to actively lobby on behalf of the town for full funding.
• Dunn: Stated that town residents pay full county taxes for full sheriffs
department protection.
• Burk: Stated she cannot support this because Council has not discussed
whether they want Leesburg police officers in place. She stated that the
County will make the decision for the town and that would be
shortsighted.
• Hammier: Stated that County Administrator Hemstreet is putting the full
amount into his budget and will be recommending to the Board that they
consider having sheriffs provide the service; however, the Board can
make the decision to fund the town's officers.
The motion passed by the following vote:
Aye: Dunn, Fox, Gemmill, Hammler, and Mayor Butler
Nay: Burk and Martinez
Vote: 5-2
b. Board of Architectural Review Recommendation for Master Plan—
Garage and Open Space Areas
On a motion by Council Member Hammler, seconded by Council Member Dunn,
the following was proposed:
MOTION 2016-022
Referencing the staff memo to Town Council dated September 27, 2016, entitled,
"Options for Council Action on BAR recommendation for Master Plan"I move to
recommend that Town Council adopt Option 1 (Recommend that the BAR take
action on the application on October 3, 2016)from Group 1 and Option 1
(Recommend that a master plan be initiated and that staff and BAR prepare a
schedule and timeframe for doing the master plan and come back to Town Council
for a work session to discuss)from Group 2.
Council Comments/Questions:
• Hammier: Stated that it is important for Council to get a recommendation
on the existing application and not withdraw that. She stated that the
recommendation can be made part of the master plan. She stated she is
open to other options.
• Dunn: Stated he is not thrilled about the master plan process, but if the
BAR would rather do that, he is willing despite the extra work. He stated
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he is hoping for either a scaled down version or elimination of the water
feature.
• Hammier: Thanked the BAR in advance. She requested that all of
Council's comments be made available to the BAR including that the
master plan process include the EDC as a stakeholder commission and
that there will be no cost to the town other than staff time.
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler
Nay: None
Vote: 7-0
c. Emergency Snow Route Expansion
On a motion by Council Member Dunn, seconded by Council Member Fox, the
following was proposed:
RESOLUTION 2016-128
Initiating an Amendment to the Town Code to Expand Snow Emergency Routes
in the Town of Leesburg
Council Comments/Questions:
• Dunn: Stated that this is designating additional snow emergency routes.
He stated that the list seems reasonable.
• Fox: Questioned the inclusion of the area between South King and Dry
Mill as the townhome residents will need a place to park.
Lafollette: Stated that the townhomes fronting Catoctin Circle have
adequate parking in the parking lots behind them.
• Martinez: Questioned what the cost to the town will be to add these
additional snow emergency routes. He stated that there has been
discussion at the Diversity Commission about enforcement of sidewalk
snow removal.
Markel: Stated the cost is minimal but the main cost will be signage and
enforcement.
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler
Nay: None
Vote: 7-0
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
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COUNCIL MEETING September 27, 2016
14. NEW BUSINESS
a. TLZM 2013-0006, Crescent Parke
On a motion by Council Member Gemmill, seconded by Council Member
Hammier, the following was proposed:
MOTION 2016-023
I move to rescind the vote to not approve rezoning application TLZM2013-0006,
Crescent Parke
Council Comments/Questions:
• Gemmill: Stated that there have been substantial changes to the proffers
since the July 26 meeting and the public deserves the right to see the
changes and how they benefit the town.
• Hammier: Stated she appreciates the compromise of having a work
session before the meeting. She stated it is an unusual year given the
proffer bill passed by the General Assembly. She stated she rarely
supports sprawling residential rezonings; however, some of the things that
have been offered will not be possible now because of the proffer bill.
Council Member Dunn offered a friendly amendment to use the words "I move to
rescind denial of rezoning application..." The amendment was accepted as friendly.
• Dunn: Stated his feeling that the process is out of order. He stated that
the reconsideration process is much stronger in making sure that the
decision of a public body stays firm. He stated recission is generally not
used in rezoning applications. He stated this opens up the entire
application and puts everything back as if the July vote never happened.
• Burk: Stated she is disappointed with this motion as it is a poor way to do
the business of the people. She stated that this breaks the trust with the
public and tells them that their voice does not matter.
• Martinez: Stated when he is on the losing side, he does not try to think of
a way to bring it back.
• Fox: Stated she thought this was a good application and believes the
application is good for Leesburg. She stated she is tired of being
associated with being in the pocket of a developer because she likes an
application. She stated if there is new information that would be good for
the town, she is open to hearing it.
The motion to rescind the denial of Crescent Parke was approved by the following
vote:
Aye: Fox, Gemmill, Hammler, and Mayor Butler
Nay: Burk, Dunn and Martinez
Vote: 4-3
On a motion by Council Member Gemmill, seconded by Council Member
Hammler, the following was proposed:
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COUNCIL MEETING September 27, 2016
RESOLUTION 2016-129
Directing Town Staff to Accept Revised Proffers and Concept Plan and to Advertise
a Public Hearing to Consider Rezoning Application TLZM2013-0006(Crescent
Parke)
Mayor Butler stated that the public hearing will be scheduled for October
25, which is the earliest that it can be held based on advertising requirements.
Council Comments/Questions:
• Hammier: Stated that she had no further discussions about Crescent
Parke. She agreed that this is about what is best for the Town of Leesburg
for wanting to look at additional information in a fully transparent public
forum. She stated this is about what is best for those who will be the most
impacted.
• Fox: Stated that people need the chance to consider the additional
information, whatever that may be.
• Martinez: Stated he respects Council Members Hammier and Fox for
standing by their vote.
• Burk: Stated this should be sent back to the Planning Commission for
their review.
• Dunn: Stated the resolution is insulting to the process as a whole, in
particular the Planning Commission. He stated that the revised proffers
do not take away the traffic issues.
• Hammier: Stated she would be more than happy to amend the resolution
to strike #4 and amend #3 to schedule the Crescent Parke application to
be discussed at a joint Council and Planning Commission public hearing.
• Gemmill: Did not accept the amendment as friendly.
• Butler: Stated the town took great pains to make sure that this follows all
applicable rules and law and the Council has never sent something back to
Planning Commission for a proffer change.
• Gemmill: Stated he looks forward to seeing the additional proffers and
review at the work session.
The motion was approved by the following vote:
Aye: Fox, Gemmill, Hammler, and Mayor Butler
Nay: Burk and Martinez
Vote: 4-2-1 (Dunn abstaining)
15. COUNCIL COMMENTS
Dunn: Stated he appreciates the Mayor's spinning of this over the past two nights
but there are rules and then there is right. He stated Council can do what the developer
and his attorney suggested. He suggested rescinding the vote on interim mayor and
council member. He stated bringing something back to take another vote is not fair to
the citizens. He stated he has always gone by one rule—you get once chance to give
people your best offer and that did not happen and still has not happened. He noted this
application was sent back to the Planning Commission in the past.
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COUNCIL MEETING September 27, 2016
Gemmill: Stated he looks forward to a full public hearing so that everyone can
see what is being discussed. He disclosed a meeting with Mr. Mitchel on September 23
and received and discussed the application with him on the telephone five times in
September.
Burk: Stated that she attended the opening of Lowe's and they will be a
community asset. She stated she attended the Preservation Society where they presented
their awards and the group reminds us that it is important to remember our history and
preserve what we can. She stated she attended the Bluemont Concert Series and
congratulated the Downtown Business Association for their family day. She stated she
attended the Chef's Table at the National Conference Center. She stated the Airshow
was fantastic and the Art Show was better. She thanked Stilson Greene for organizing
the Kick Cancer Event at Shenanigans. She stated that the Loudoun International
Festival was a big success. She stated she attended the goodbye party for the skatepark
and was struck by the number of adult men who came back. She stated she attended the
Shocktober event at Paxton and it is phenomenal.
Martinez: Stated that the town has reconsidered other applications, but not over
two months after denial. He stated the town has had the Planning Commission review
and go back over some applications. He stated he is excited about the skatepark and
expressed his desire to see it named after Eric Brown. He stated he could not make
some events because he was sick over the weekend. He stated his son proposed to his
girlfriend in Paris over the weekend.
Hammler: Stated that she wished the Council had anticipated that there would
be more citizens present to speak to the permit parking public hearings than the
telecommunication public hearing. She stated that she has heard of situations in
Virginia where a developer has tried to give cash to elected officials so it is unfortunate
to use the word corrupt in this process.
Fox: Stated she takes issue with the characterization and adjectives that are being
thrown around about people who agree with the developer on this application. She
stated she has heard all kinds of talk about developers. She stated she attended the
Lowe's ribbon cutting and is glad that they are here. She stated she does not know Eric
Brown, but does know what his accomplishment was; however, she does not feel that
the skatepark should be named after a living being. She stated there is a county wide
effort to collect furniture, appliances and clothing for the victims of the floods in West
Virginia.
16. MAYOR'S COMMENTS
Mayor Butler stated that the Mayor's appointment is not rescindable because
there has been irreversible changes. He stated that this application was returned to the
Planning Commission earlier because there was a text amendment to the Town Plan,
not because the proffers had changed. He stated that Council Members Hammier and
Fox have in his experience, always dedicated themselves to what is the best decision for
the town in their opinion and he resents any implication that they may be corrupt in any
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COUNCIL MEETING September 27, 2016
way. He stated he attended the Mobile Hope meeting. He stated he toured the new
natural gas powerplant on Sycolin Road. He wished his wife a happy birthday.
17. MANAGER'S COMMENTS
Keith Markel reminded everyone of the swearing in ceremony for Chief of Police
Greg Brown at 4:30 p.m. He stated if it is raining, it will be inside Tally Ho.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Fox, seconded by Council Member Dunn, the meeting
was adjourned at 10:59 p.m.
ea A j cif 1
David S. Butler, Mayor
Town of Leesburg
AMA TA
tqs Clerk of Co lb
2016 tcmin0927
16 I Page