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Home My Public Portal About2020_tcmin0310D D D COUNCIL MEETING March 10, 2020 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Ron Campbell, Thomas Dunn (arrived at 7:32 p.m.), Suzanne Fox, Vice Mayor Martinez Neil Steinberg, Joshua Thiel and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Deputy Town Attorney Christine Newton, Finance and Administrative Services Director Clark Case, Director of Planning and Zoning Susan Berry Hill, Director of Plan Review Bill Ackman, Director Parks and Recreation Rich Williams, Human Resources Director Josh Didawick, Director of Public Works Renee LaFollette, Director of Utilities Amy Wyks, Airport Director Scott Coffman, Thomas Balch Library Director Alexandra Gressitt, Economic Development Director Russell Seymour, Information Technology Director Jakub Jedrzejczak, Leesburg Police Chief Greg Brown, Public Information Officer Betsy Arnett, Leesburg Police Captain David Smith, Information Technology Deputy Director John Callahan, Deputy Director and Treasurer of Finance and Administrative Services Lisa Haley, Deputy Director Parks and Recreation Kate Trask, Emergency Management Coordinator Joe Dame, Management and Budget, Officer Jason Cournoyer, Senior Planner Rich Klusek, Senior Engineer Anne Geiger, Senior Management Analyst Cole Fazenbaker, Assistant Public Information Officer Leah Kosin and Executive Assistant to the Town Manager Tara Belote. J AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Steinberg. 3. SALUTE TO THE FLAG was led by Council Member Fox. 4. ROLL CALL a. Electronic Participation for Vice Mayor Martinez Mayor Burk advised Council that Vice Mayor Martinez requested to participate electronically as he was not feeling well. MOTION 2020-061 On a motion by Coundl Member Thiel, seconded by Council Member Steinberg, the following was proposed: To allow Vice Mayor Martinez to electronically partidpate in the March 10, 2020, Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Steinberg, Thiel and Mayor Burk Nay: None Vote: 5-0-2 (Dunn and Vice Mayor Martinez absent) 11 Page D D D COUNCIL MEETING March 10, 2020 5. ·l\flNUTES a. Work Session Minutes of February 24. 2020 MOTION 2020-062 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the minutes of the Work Session of February 24, 2020, were approved by a vote of 6-0-1 (Dunn absent). b. Regular Session Minutes of February 25. 2020 MOTION 2020-063 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Regular Session of February 25, 2020, were approved by a vote 6-0-1 (Dunn absent). 6. ADOPTING THE l\IBETING AGENDA (Al\IBNDl\IBNTS AND DELETIONS) On a motion by Council Member Steinberg, seconded by Council Member Thiel, the meeting agenda was moved for approval. 7. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn absent) CERTIFICATES OF RECOGNITION a. Certificates ofRecognition: None. 8. PROCLAMATIONS a. Proclamations: Women's History Month Loudoun County Board Supervisor Kristen U mstattd accepted the proclamation and made a few remarks. 9. PRESENTATIONS 10. a. Presentation: None. REGIONAL COMMISSION REPORTS a. Council Member Fox reported on the NVTA Planning Coordination Advisory Committee (PCAC) Meeting and noted that Leesburg has one project on the Northern Virginia transportation projects priority list which ranks projects for the next five years. Ms. Fox said Leesburg's project is ranked 36 out of 41 on the list. Mayor Burk reported on the Northern Virginia Regional Commission meeting she attended where data centers were discussed. Of note, Mayor Burk said it was reported that data center owners don't care what their buildings look like. She said that they will work with whatever local regulations are in place in regard to building design. 2 I Page D D D COUNCIL MEETING March 10, 2020 11. PETITIONERS The Petitioners section was opened at 7:09 p.m. Terri Simons. 404 S. King Street. Spoke to Council in opposition of any changes to the current Noise Ordinance. The Petitioners section was closed at 7:12 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Thiel requested item 12.a. -Continuing Services Contracts for Comprehensive Engineering, Architectural, Surveying and Related Services be removed from the Consent Agenda because his father works for Dewberry Engineering and he would prefer to abstain on this item. MOTION 2020-064 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following Consent Agenda was proposed: b. NOVEC Solutions Easement and Right-of Way Agreement for Leesburg Executive Airport Remote Tower Facilities c. RESOLUTION 2020-037 Authorizing the Conveyance of an Easement to NOVEC Solutions Inc. on Town Property for the Leesburg Executive Airport for Telecommunications Facilities for the Remote Tower Center Olde Izaak Walton Park Dominion Energy Easement RESOLUTION 2020-038 Authorizing the Conveyance of a Utility Easement to Dominion Energy for an Underground Distribution Easement on the Olde Izaak Walton Park Town Owned Property d. Virginia Trees for Clean Water Grant from Virginia Department ofForestry RESOLUTION 2020-039 Administer Virginia Trees for Clean Water Grant from Virginia Department of Forestry (2019-2020) e. Local Government Challenge Grant Application RESOLUTION 2020-040 Authorization to Apply for the Local Government Challenge Grant through the Virginia Commission for the Arts and Providing for the Distribution of the Grant Funding and Town Matching Funds to Certain Independent Arts Organizations 3JPage D D D COUNCIL MEETING March 10, 2020 13. a. The Consent Agenda was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn absent) Continuing Services Contracts for Comprehensive Engineering. Architectural. Surveying and Related Services MOTION 2020-065 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION 2020-041 Awarding Continuing Se111ices Contracts for On-Call Comprehensive Engineering Se111ices The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Dunn absent, Thiel abstain) RESOLUTIONS /ORDINANCES I MOTIONS a. Noise Ordinance Amendments Council discussed the proposed Noise Ordinance Amendments. Mr. Olaun Simmons from the firm of Vanderpool, Frostick & Nishanian, P.C., provided outside counsel for this item. A public hearing was previously held on the proposed amendments. Town Manager Kaj Dentler, Leesburg Police Chief Greg Brown, Leesburg Police Capt. David Smith, Deputy Town Attorney Christine Newton and Mr. Simmons answered Council's questions. The following points were prepared for Council's consideration: (1) Should Council modify the 50 foot "plainly audible" limit to 100 feet? There was no consensus of Council to make this change. (2) Should the amplification of outdoor music be limited to Fridays and Saturdays? There was no consensus of Council to make this change. (3) Should the time period for the amplification of outdoor music on Fridays and Saturdays be extended from 8:00 p.m. to 10:00 p.m.? 41Page D D D COUNCIL MEETING March 10, 2020 MOTION On a motion by Coundl Member Steinberg, seconded by Coundl Member Steinberg, the following was proposed: To have the time period stay the same at eight o'clock for all the other days but Friday and Saturday it would be extended to 10:00 p.m. for amplified music Council discussed if there was a specific start time. There being none, Council Member Steinberg accepted a friendly amendment from Council Member Campbell to have the start time as 2:00 p.m. on Fridays and Saturdays. The motion was amended accordingly. MOTION 2020-066 Ori a motion by Coundl Member Steinberg, seconded by Coundl Member Thiel, the following was proposed: To have the time period stay the same at eight o'clock for all the other days but Friday and Saturday it would be from 2:00 p.m. to 10:00 p.m. for amplified music The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel Nay: Dunn and MayorBurk Vote: 5-2 (4) Should special events such as, but not limited to, races and fundraisers be permitted to use amplification devices between the hours of7:00 a.m. and 10:30 a.m. if approved by a permit from the Town Manager's Office? MOTION On a motion by Coundl Member Thiel, seconded by Coundl Member Steinberg, the following was proposed: To allow Spedal Event pennitsfor the use of amplified devices between 7:00 a.m. and 10:30a.m. Council discussed the proposed time period. Mayor Burk requested a friendly amendment to change the start time to 8:00 a.m. The amendment was not accepted by Council Member Thiel. Council Member Thiel accepted a friendly amendment from Council Member Dunn to extend the time to 2:00 p.m. The motion was amended accordingly. SI Page D D D COUNCIL MEETING March 10, 2020 MOTION 2020-067 On a motion by Council Member Thiel, seconded by Council Member Steinberg, the following was proposed: To allow Special Event pennits for the use of amplified devices between 7:00 a.m. and 2:00p.m. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel Nay: Dunn and Mayor Burk Vote: 5-2 (5) Should the Town modify the permit process to address repeat violations in which additional permits will not be approved by the Town Manager's Office for a period of 6 months once 3 official violations occur within a 12 month period? If so, staff recommends that an official violation is at the discretion of the Police Department, and occurs with the issuance of a written summons. Council discussed civil versus criminal penalties and the desired involvement, interaction and resolution of complaints between citizens and businesses and the Police Department and Town staff; what is a violation; how many violations would result in the loss of a permit; an appeals process; the cost of the permit; how long a permit is valid; and, if the permit period should expire withm a determined period after the permit is issued or expire on a set date for all permit holders. MOTION 2020-068 On a motion by Council Member Campbell, seconded by Council Member Fox, the following was proposed: That a pennit process be required for outdoor amplified music. Council Member Steinberg proposed the permitting process be on an annual basis at a fee or rate to be determined later. Mr. Campbell did not accept the amendment. Mr. Steinberg withdrew his amendment addressing two violations in a 12-month period. The motion was approved by the following vote: Aye: Campbell, Fox, Steinberg, Thiel and Mayor Burk Nay: Dunn and Vice Mayor Martinez Vote: 5-2 61Page D D D COUNCIL MEETING March 10, 2020 MOTION On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: The permitting process will occur on an annual basis at a fee to be determined and that the permitting process have an educational component for businesses so they understand what their responsibilities are on the Noise Ordinance Council Member Fox requested a friendly amendment to change the duration to six months. The amendment was not accepted by Council Member Steinberg. Vice Mayor Martinez asked for a friendly amendment to make this requirement apply to businesses solely and for businesses that are paying for their amplified music. Mr. Steinberg did not accept the amendment. Mr. Steinberg amended his motion to include two violations is a six-month period would result in a loss of a permit. MOTION On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: The permitting process will occur on an annual basis at a fee to be determined and that the permitting process have an educational component for businesses so they understand what their responsibilities are on the Noise Ordinance to include two violations resulting with the issuance of a summons in a six-month period would result in a loss of a permit. Council Member Dunn requested a friendly amendment that the words, " ... resulting with the issuance of a summons ... " be removed from the Motion. Council Member Steinberg did not accept the amendment. Council Member Dunn made it a standalone motion. MOTION On a motion by Council Member Dunn, seconded by Council Member Campbell, the following was proposed: To remove the words "resulting with the issuance ofa summons" from the main motion. The motion failed by the following vote: Aye: Campbell, Dunn, Fox Nay: Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Vote: 3-4 71Page D [ D COUNCIL MEETING The original motion failed by the following vote: Aye: Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Campbell, Dunn, Fox, Thiel Vote: 3-4 · MOTION March 10, 2020 On a motion by Council Member Thiel,· seconded by Mayor Burk, the following was proposed:· Allow the Town Manger to cancel noise ordinance after three violations resulting in a summons in a six-month period. Council Member Dunn asked to divide the question with a vote taken on three violations divided from the issuance of a summons. MOTION 2020-069 On a motion by Council Member Thiel, seconded by Mayor Burk, the following was proposed: Allow the Town Manager to cancel the noise ordinance permit after three violations The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Thiel Nay: Steinberg and Mayor Burk Vote: 4-2-1 (Campbell absent) MOTION 2020-070 On a motion by Council Member Thiel, seconded by Mayor Burk, the following was proposed: To define violation as a summons The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Dunn Vote: 6-1 Council discussed the appeal process of being able to get a permit back if it was revoked. 8JPage D D D COUNCIL MEETING March 10, 2020 MOTION 2020-071 On a motion by Coundl Member Thiel, seconded by Coundl Member Steinberg, the following was proposed: An individual found in violation of the noise ordinance resulting in the cancelation of the permit has the authority to appeal the matter before the Town Council by written appeal within 10 days of revocation notice and may include an appeal fee of$25 The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 MOTION 2020-072 On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed: To set the permit fee at $100 The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Steinberg, Thiel and Mayor Burk Nay: Vice Mayor Martinez Vote: 6-1 MOTION 2020-073 On a motion by Council Member Steinberg, seconded by Coundl Member Thiel, the following was proposed: Permit process is on an annual basis from the date of issuance The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Campbell Vote: 6-1 Staff will revise the draft Ordinance to reflect Council's direction and present it for approval at the next Council meeting. b. West Market Street -Ayr Street to Morven Park Road Sidewalk Improvements Ms. Renee LaFollette gave a brief presentation on the project arid shared some of the complaints that have been received by a local HOA. She was joined by Ms. Kate Trask who discussed the ADA components of the project. Ms. LaFollette said that staff has discussed the issues with the HOA and have been working to address their concerns. Ms. LaFollette noted to Council that a $270K supplemental 91Page D D D COUNCIL MEETING March 10, 2020 appropriation was needed for the relocation of dry utilities and the construction contingency. She stated that two funding options identified by staff include proffer. money from the Crescent Place development or a miscellaneous roadway pedestrian and ADA, Capital Improvement Program project that is in the CIP as approved. She noted that if those funds are used, the Town would have to push back at least two residential streets into the next Fiscal Year for maintenance work. Council discussed the project, any alternatives and their costs, ADA compliance issues and consequences, residents' complaints and funding options. MOTION 2020-074 On a motion by Council Member Steinberg, seconded by Mayor Burk, the following was proposed: c. RESOLUTION 2020-042 Awarding the Contract to Madigan Construction, Inc. for the West Market Street -Ayr Street to Morven Park Road Sidewalk Improvements Project using the Crescent Place Development proffer money The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk ·Nay: Dunn Vote: 5-1-1 (Thiel abstain) Motion to Approve the Keep Leesburg Beautiful Proclamation MOTION 2020-075 On a motion by Mayor Burk, seconded by Council Member Steinberg, the following was proposed: I move to approve the Keep Leesburg Beautiful Proclamation to be presented at the March 24, 2020, Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) d. Motion to Approve the Loudoun Literacy Council Celebrating 40 Years of Service Proclamation MOTION 2020-076 On a motion by Council Member Campbell, seconded by Council Member Steinberg, the following was proposed: I move to approve the Loudoun Literacy Council Celebrating 40 Years of Service Proclamation to be presented at the March 24, 2020, Council Meeting. lOIPage D D D COUNCIL MEETING March 10, 2020 The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) Council took a 5-minute break from 10:20 p.m. -10:25 p.m. e. Amendments to Council's Rules of Procedure Council discussed Council Member Dunn's proposal to allow a Council Member to ask for a vote to allow additional time for that specific item prior to an item on the agenda being discussed. MOTION On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: To move the discussion of this item to the next Council Work Session The motion failed by the following vote: Aye: Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Campbell, Dunn, Fox, Thiel Vote: 3-4 MOTION 2020-077 On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed: RESOLUTION 2020-043 Amending Council Rules of Procedure Council clarified that this meant that a Council Member may request and be granted by majority vote additional time for discussion on an agenda item provided the request was made before any discussion started on that particular item. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Thiel Nay: Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 4-3 14. PUBLIC HEARJNGS a. Public Hearing -Fiscal Year 2021 Proposed Budget The public hearing was opened at 10:34 p.m. 11 I Page COUNCIL MEETING March 10, 2020 L' Ms. Lisa Haley gave a brief presentation on the Fiscal Year 2021 proposed budget. She noted the budget is comprised of the General Fund, Capital Improvements Projects and the Utilities Fund. All funds total $143.8 million, which is at 4% year over year. She noted that Council is on item four of the budget adoption schedule. Public Speakers: There were no public speakers wishing to address this public hearing. The public hearing was closed at 10:40 p.m. b. Airport Office Suite #1B Lease The public hearing was opened at 10:41 p.m. Mr. Scott Co wan gave a brief presentation on the two bids received for a lease of Suite #1B at the Leesburg Executive Airport. The two bids received were from Aero Elite Inc. and a second bid from Aviation Adventures. Aero Elite Inc. was the highest bidder at an amount of $46,170 per year. Mr. Coffman said the Airport Commission endorsed the lease award to Aero Elite Inc. Public Speakers: There were no public speakers wishing to address this public hearing. The public hearing was closed at 10:45 p.m. MOTION2020-078 On a motion by Council Member Thiel, seconded by Council Member Fox, the following was proposed: ORDINANCE 2020-0-004 Authorizing the Mayor to Execute a Standard Space Lease Agreement Granting the Exclusive Right and Privilege to Lease a 1,026 Square Foot Office Space Owned by the Town of Leesburg and Located at 1001 Sycolin Road, SE, Suite 1B in the Stanley Caulkins Terminal Building at the Leesburg Executive Airport, Leesburg, Virginia and Prescribing the Terms and Conditions and Restrictions Pertaining to Such Grant to Aero Elite Inc. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 12 I Page