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HomeMy Public PortalAbout2009_tcmin0310 ----_.~-<"'_..-----'--'---'" COUNCIL MEETING March 10, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Marty Martinez, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Ken Reid arrived at 7: 55 p.m. Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Finance Norm Butts, Assistant Director of Planning and Zoning Brian Boucher, Assistant Zoning Administrator Wade Burkholder, and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by Tiger Den 2 (Cub Scout Pack 958) 3. Invocation was lead by Vice Mayor Hammier 4. Roll Call showing Ken Reid absent (arrived at 7: 55 p.m.). s. Minutes a. Work Session Minutes of February 23, 2009 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 6-0 (Reid absent) b. Regular Session Minutes of February 24, 2009 On a motion by Council Member Wright, seconded by Council Member Martinez, the minutes were passed 6-0 (Reid absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting agenda was adopted as presented. The motion was passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0 (Reid absent) 7. Presentations a. Resolution of Respect - Bettv Whiting Flemmino On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the following Resolution of Respect was passed by a vote of 6-0 (Reid absent) RESOLUTION OF RESPECT Betty Whiting Flemming Town Council Meeting of March 10. 2009 Page 2 WHEREAS, Betty Whiting Flemming, of Leesburg died March 1, 2009, at the age of 82; and WHEREAS, Mrs. Flemming served our community over the years as curator of the Loudoun Museum, a docent at Oatlands Plantation, an aide to the Smithsonian's Museum of American History, a leader of the Loudoun Herb Guild and many other projects too numerous to mention; and WHEREAS, Mrs. Flemming's skill and passion for needlework was the impetuous behind the formation of the Loudoun Sampler Guild and the Loudoun Symposium on Quaker Needlework; and WHEREAS, she shared this love of textiles and history generously with the youth of our community by teaching and creating an annual seminar to introduce children to needlework; and WHEREAS, she was a loving wife, mother, grandmother and great-grandmother whose sincerity, caring, and enthusiasm will be greatly missed. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and respect to Mrs. Flemming's family and to all who knew her; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be presented to her family. PASSED this 10th day of March 2009. b. Resolution of Respect - Barbara Moxley Spencer - On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the following Resolution of Respect was passed by a vote of 6-0 (Reid absent) RESOLUTION OF RESPECT Barbara Moxley Spencer WHEREAS, Barbara (Bobbi) Moxley Spencer, of Roanoke, a native of Leesburg, died February 13, 2009, at the age of 64; and WHEREAS, Bobbi Moxley was born on February 20, 1944 to Dude and Bertha Newberry Moxley and married to William Spencer; and Town Council Meeting of March 10. 2009 Page 3 WHEREAS, she was a graduate of Loudoun County High School and was crowned Miss Loudoun County in 1961, based on her academics, community service, personality and poise; and WHEREAS, she was a devoted wife, mother and daughter-in-law providing full-time care for her father-in-law for several years while raising her own two sons; and WHEREAS, Mrs. Moxley was active in her community and an avid supporter of the Virginia Tech football program spreading her warmth and enthusiasm to everyone whose lives she touched. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and respect to Mrs. Spencer's family and to all who knew her; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to her family. PASSED this 10th day of March 2009. c. Resolution of Respect - George Lewis Carr On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the following Resolution of Respect was passed by a vote of 6-0 (Reid absent) RESOLUTION OF RESPECT George Lewis Carr WHEREAS, George Lewis Carr, of Leesburg, died February 20, 2009, at the age of 87; and WHEREAS, Mr. Carr was a native of Loudoun County, born August 14, 1921 to John Lewis Carr and Mary Louise Atwell; and WHEREAS, Mr. Carr proudly served his country in the United States Navy during World War II and retired after a long career with C&P Telephone; and WHEREAS, he was an avid hunter and enjoyed the outdoors including fishing and archery and was an active and valued member of the Izaac Walton League; and WHEREAS, he was a devoted husband to his wife, Patsy, and loving father to his sons. Town Council Meetino of March 10. 2009 Page 4 THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and respect to Mr. Carr's family and to all who knew him; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his family. PASSED this 10th day of March 2009. d. Proclamation - Women's History Month On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, the following Proclamation was approved by a vote of 6-0 (Reid absent). PROCLAMA TION WOMEN'S HISTORY MONTH MARCH, 2009 WHEREAS, from the time of the Revolutionary War to the present, American women have worked for liberty and freedom for people around the world; and WHEREAS, in March of 1981 Congress passed a resolution declaring a National Women's History Week; and WHEREAS, in March of 1987, Congress passed a resolution that expanded the national celebration of Women's History Week to the entire month of March; and WHEREAS, historically, the state of Virginia has been home to many notable women of great resolve and courage, such as Pocahontas, Clara Barton, Elizabeth Keckley and Elizabeth Van Lew; and WHEREAS, today there are over 200,000 women serving in our nation's Armed Forces to protect our freedom and liberty; and WHEREAS, women continue to play an important role in the future of Loudoun County and the Town of Leesburg by holding various leadership positions; and WHEREAS, the theme for the 2009 celebration of Women's History Month is "Women - Taking the Lead to Save our Planet". THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of March of the Year 2009 as Women's History Month in the Town of Leesburg and urge the citizens of Leesburg to join in recognizing the accomplishments and Town Council Meeting of March 10. 2009 Page 5 historical contributions made by women throughout the history of our nation. PROCLAIMED this 10th day of March 2009. e. Bid Opening - Bid No. 600710-FY09-03 (825 SO. FT.. Tenant area #lA at the Leesburg Executive Airport There were no bidders for this lease. 8. PETITIONERS The Petitioners section was opened at 7:48 p.m. Charles Treadway, 511-D Constellation Square, stated he represents over 3,000 citizens. He requested the Council not pass the Town Plan amendment for the land adjacent to aide Izaak Walton Park. Stanley Caulkins, 102 Morven Park Road, S.W., thanked the Leesburg Police Department for their assistance after his jewelry store experienced a burglary. He commended the Police Department for their swift arrival and thorough investigation of the crime scene. Peter Burnett, 105 Loudoun Street, S.E., stated the sidewalk on Church Street should be reconsidered for the Capital Improvement Program. He stated that street is really second only to King Street in terms of the service provided to the community. He stated in the next few years, there will be tenant driven projects so curb appeal is very important. He stated there is already a sidewalk on the west side of Church Street and a replacement sidewalk is listed in the CIP. He asked that a new sidewalk be installed on the east side of the street giving Church Street an old sidewalk on the west side and a new sidewalk on the east side. He noted the Downtown Improvement Association is recommending investments in the downtown. He noted they may not be popular, but the tough decisions are why Council was elected. Scott Gustavson, 15 North King Street, stated the downtown is underperforming its potential. He stated putting CIP money into the downtown would be a great way to set the stage to improve on what is already there. He stated these investments would set the stage to bring new businesses to the downtown and bring more choices to the patrons of the downtown. He stated it would grow the commercial tax base. The Petitioners section was closed at 8:00 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Butler, the following consent items were proposed: a. Northern Virginia Electric Cooperative License Aoreement RESOLUTION 2009-026 Authorizing the Town Manager to Execute a License Agreement and Cash Bond Agreement Dated March 2, 2009, Between the Town of Leesburg and Northern Virginia Electric Cooperative (NOVEC) Town Council Meeting of March 10. 2009 Paoe 6 b. 2009 Keep Leesburo Beautiful Event RESOLUTION 2009-027 Recognizing April 4 through April 18, 2009 as Keep Leesburg Beautiful Days c. NVRC Bylaw Resolution RESOLUTION 2009-028 Endorsing and Approving the Restated Charter Agreement to Amend the Bylaws of the Northern Virginia Regional Commission d. 1-66 Widening RESOLUTION 2009-029 Requesting the Transportation Planning Board of the National Capitol Region Reinstate the Project to Add a Third Westbound Lane on Interstate 66 from the Rosslyn Tunnel to the Dulles Connector and Urge Governor Kaine to Expedite the Construction e. Acoustics on the Green RESOLUTION 2009-030 Town Council Support for Acoustics on the Green Concert Series The motion was passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Amending Articles 6. 9 and 18 of the Leesburg Zoning Ordinance to Establish Tents as Accessory Structures to Restaurant Uses in the B-1 Zonino District The public hearing was opened at 8:04 p.m. Wade Burkholder gave a summary of the reasons for this proposed amendment. He stated it stemmed from a request by Hamburg Doner to have a tent to allow them to continue serving patrons throughout the winter months. He stated since that time, the owners of the restaurant have been able to lease space from Mr. MacDowell for additional seating. He stated the Planning Commission has recommended denial of this amendment due to the fact they felt the language was too restrictive and would not allow any businesses to be eligible for a tent since even the Hamburg Doner no longer qualifies. There were no members of the public to speak on this public hearing. Council Member Dunn suggested similar language be looked at in other sections of Town to be more business friendly. Town Council Meetino of March 10, 2009 Paoe 7 Council Member Wright stated the definition of tent as an accessory structure should be incorporated into the next set of zoning text amendments. Council Member Wright made a motion to support the decision of the Planning Commission and deny this amendment. The motion was seconded by Council Member Butler. The motion passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 b. Effective Tax Rate The public hearing was opened at 8:32 p.m. Norm Butts stated this public hearing is for the effective tax rate. He stated the down-market has decreased the assessments. He stated the current tax rate is $0.18. The proposed tax rate of $0.1975 is considerably less than the equalized tax rate, which would be $0.21256. There were no members of the public to speak on this public hearing. The public hearing was closed at 8:36 p.m. Council Member Wright noted there is a work session scheduled for March 18 from 9 a.m. to 5 p.m. in the Council Chambers. Mayor Umstattd noted the public is welcome to come to the work session. She stated the Budget Public Hearing will occur on March 24 at the regular Council meeting. 11. ORDINANCES a. None 12. RESOLUTIONS a. Utility Bond Reimbursement On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed: RESOLUTION 2009-031 Declaring the Intention to Reimburse the Town from the Proceeds of One or More Financings for Capital Projects for Utility System Improvements Council Member Wright clarified there are no funds coming from the General Fund to the Utility Fund. Council Member Butler clarified that two years worth of expenses are kept in the Utility Fund at all times. Town Council Meeting of March 10. 2009 Paoe 8 Mr. Butts stated current policy is for 200%. He stated this is a formality required by Internal Revenue Code. He stated if any money is spent before the bond is issued for the capital project, no reimbursement for those funds can be taken without this resolution in place. He stated this does not obligate the Council to the bond issue. Mr. Wells stated $4.8 million in bond funds are needed to complete CIP projects before the end of the fiscal year. He stated the cash flow moves faster on finishing the projects than the incoming bond funds. He stated it does not authorize any new projects or bonds. The motion passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Endorsino the Town's List of Potential Projects for the Loudoun Countv Consolidated Housing and Community Development Plan On a motion by Council Member Wright, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2009-032 Endorsing the Town's Project List for the Loudoun County Consolidated Housing and Community Development Plan The motion passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 13. OLD BUSINESS a. None 14. NEW BUSINESS FOR ACTION a. None 15. COUNCIL COMMENTS Council Member Reid explained he was late because he was at the School Board meeting regarding school boundaries for Harper Park, Smart's Mill and Simpson middle schools. He stated staff is recommending no changes in Leesburg middle school boundaries, which is excellent news. He urged residents to keep an eye on this situation. He disclosed a discussion with John Andrews on the proposed green energy plant. He stated he had a call from Peter Kalaris regarding Meadowbrook. He stated he put a lot of his budget questions in writing and supports the right of all council members to ask as many questions as they want. He stated he had a good time at the NAACP event and stated Council Member Martinez spoke for La Voz. He stated there are still upsetting incidents occurring which shows we still have a long way to go. He stated he attended the LCVA grand opening. He stated this was very good news. He stated the Green Symposium was excellent and asked for a report on possible upgrades in the Town's HVAC systems. He asked for Town Council Meetino of March 10. 2009 Paoe 9 an update on the County PPTA. He stated he was disappointed with Judge Horne's decision in the utility rate case. Council Member Butler thanked the cub scouts for coming in and thanked them for all their excellent questions. He stated he was surprised by the water rate decision. He commended the legal staff on the work they did and stated he hoped the questions about the decision would be answered. Council Member Wrioht had no comments. Council Member Martinez stated he was glad the Dulles rail project is going forward. He thanked Stanley Caulkins for coming in to thank the Police Department. He offered his condolences to the Titus family on the passing of George Titus. He stated he has been to six or seven budget discussions and stated he never felt any Council Member was not given time to ask all their questions. He stated he attended the NAACP race relations forum, but was not representing La Voz as much as he was present as a Hispanic citizen of the County. He stated the Acoustics on the Green is a fantastic program. Council Member Reid stated he did not mean to imply the Mayor was not fair in allowing questioning during the budget work sessions. Vice Mayor Hammier stated the entire Council is working to keep the tax rate low this year. She stated the entire Titus family is in our thoughts and prayers. She stated she enjoyed reading "Oh the Places You Will Go" at Frances Hazel Reid in celebration of Dr. Seuss' birthday. She stated they had a wonderful discussion on all the things they plan to do with their lives. She stated it speaks to how wonderful all the teachers and the school system is to have created this great environment. She noted on March 28, the entire world will be involved in turning off every single light. She stated the goal is to stop global change on a global basis. She wished the Loudoun County girls basketball team luck on their trip to the State championship in Richmond. She stated there are still unanswered legal questions in the water rate trial, but this is one community and she is looking forward to the healing process. She stated she has 12 specific disclosures which she will email. Council Member Dunn disclosed a phone call from Peter Kalaris regarding Meadowbrook. He mentioned his special needs son, Shelby, will be participating in the Dulles Little League's Challenger League which is for special needs children so they can have the opportunity to participate in the baseball experience. He recommended this opportunity to the parents of all special needs children. He stated he is looking forward to the budget meeting. He stated he is looking to take the tax rate even lower. He stated he feels his comments are stifled because other Council Members comments go too long. Council Member Martinez stated there is a plan to put a scout troop at the Aurora School. He asked for an update on the Aurora School. He stated he neglected to disclose a meeting with Peter Kalaris and the Keep South Leesburg Beautiful group on the Meadowbrook proposal. 17. MAYOR'S COMMENTS Mayor Umstattd stated she met with Peter Kalaris on the Meadowbrook proposal. She stated she feels strongly the Town should appeal the decision on the water rate case. Town Council Meeting of March 10. 2009 Page 10 She read the Loudoun Country Day School's pre-kindergarten class illustrated opinions on what can be done to improve local government. 18. MANAGER'S COMMENTS Mr. Wells stated the Keep Leesburg Beautiful kick off is scheduled for April 4 at 10 a.m. at Town Hall. He reminded Council of the Parking Summit at Ida Lee on Saturday from 9 a.m. to noon. Council Member Reid thanked Council for endorsing the 1-66 Widening resolution. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 9: 15 p.m. ~ C1erko! C01l~ - 2009_ TCMIN0310