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COUNCIL MEETING
June 23, 2009
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Thomas S. Dunn, II, Katie Sheldon Hammier, David
Butler, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: Marty Martinez
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Public Works Tom Mason, Assistant Director of Capital Projects Tom Brandon,
Assistant Director of Capital Projects Renee Lafollette, Economic Development
Manager Marantha Edwards, and Clerk of Council Lee Ann Green
AGENDA
1. Call to Order
ITEMS
2. Invocation was lead by Council Member Reid
3. Salute to the Flag Vice Mayor Hammier
4. Roll Call showing Council Member Martinez absent.
S. Minutes
a. Work Session Minutes of June 8, 2009
On a motion by Council Member Wright, seconded by Council
Member Dunn, the minutes were passed 5-0-1-1 (Martinez
absent/Butler abstaining).
b. Regular Session Minutes of June 9, 2009
On a motion by Council Member Dunn, seconded by Council
Member Reid, the minutes were passed 5-0-1-1 (Martinez
absent/Butler abstaining).
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Butler, seconded by Council Member
Wright, the meeting agenda was adopted as presented.
The motion was passed by the following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
7. Presentations
a. Gert Evans & Familv/Soecial Aquatics Center Presentation
On a motion by Vice Mayor Hammier, seconded by Council Member
Dunn, framed photographs of Ms. Evans granddaughters making the inaugural
slide at the new A. V. Symington Aquatics Center was presented by a vote of
6-0-1 (Martinez absent).
Town Council Meeting of June 23, 2009
Page 2
b. Certificates of Recoqnition - Cool Spring Odyssey of the Mind Team
On a motion by Council Member Reid, seconded by Council Member
Butler, Certificates of Recognition were awarded to the Cool Spring
Elementary School Odyssey of the Mind team for finishing fifth in the World
Competition. Team members and coaches were:
Kelsea Champ
Cameron Flinton
Jacob Laura
Allison Wright
Heidi Wallace
Mary Conklin
Jacob Holton
Liam Wallace
Gina Laura
8. PETITIONERS
The Petitioners section was opened at 7:46 p.m.
Mike Ritonia. Huntington Learning Center, 521-C East Market Street, stated he
represents many business owners in Town. He stated his year-to-date revenues are
down by about a third from last year. He stated he was told both the Town and the
County have prohibited temporary signs in VDOT right of ways. He stated those
signs, while not attractive, bring in customers. He stated he has received a letter
from the Town regarding the window signs in his windows. He stated he has removed
the signs, but it makes him look like he has gone out of business. He estimated a
several month wait until he could have new signs made and installed. He also stated
he has received conflicting information from the zoning department as to what type of
signage would be allowed in the windows of his business.
Mayor Umstattd agreed business owners should be allowed to have any kind of
signage they want inside their businesses. She apologized for the inconvenience and
asked that this matter be placed on a future agenda for Council discussion.
Lisa James, stated she represents the Leesburg Downtown Business
Association (LDBA) and would like to request assistance with the Dog Days Event to
be held in October. She stated the event was very successful last year, but in order
to continue the event, they would like the Town to waive the street closure fees;
however, they would be willing to pay for the Porta pots and the Police fee. She
stated they would like to make the event bigger and better than last year. She stated
they would like to only close part of King Street, leaving Market and Loudoun open.
She stated they gave spots for non-profit rescue groups to set up booths free of
charge and plan to do this again this year.
Council agreed to discuss this at the next work session. Mr. Wells noted the
original request has been modified.
The Petitioners section was closed at 7:58 p.m.
9. ADOPTION OF THE CONSENT AGENDA
On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the
following consent agenda was proposed:
a. Accepting Public Improvements. Releasing the Performance Guarantee
and Approvinq a Maintenance Guarantee for Public Improvements at TD
Bank (formerly known as Commerce Bank)
Town Council Meetino of June 23, 2009
Page 3
RESOLUTION 2009-073
Accepting Public Improvements, Releasing the Performance Guarantee
and Approving a Maintenance Guarantee for Public Improvements at TD
Bank (formerly known as Commerce Bank)
b. Makino a Reduction of the Performance Guarantee for Public
Imorovements Installed in Oaklawn Townhouses, Section 1
RESOLUTION 2009-074
Making a Reduction of the Performance Guarantee for Public
Improvements Installed in Oaklawn Townhouses, Section 1
c. Sycolin Road Widening II - Utilities Relocation
RESOLUTION 2009-075
Authorizing the Town Manager to Execute Agreements for the
Relocation of Overhead Utilities for the Sycolin Road Widening Phase II
Project
d. FY2010 Revenue Sharino Program
RESOLUTION 2009-076
Authorizing the Town Manager to Execute the Application for Virginia
Department of Transportation (V DOT) FY2010 Revenue Sharing
Program for the Sycolin Road Widening Phase III Project
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
10. PUBLIC HEARINGS
a. Adoption of a Recodified Town Code
The public hearing was opened at 7:59 p.m.
Jeanette Irby stated the Code was last recodified 32 years ago. She
stated the Code will be recodified every six months online and once a year in
hardcover. She stated throughout the years things have been added and
deleted without a real mechanism to clean up the numbering. She stated all
that has been cleaned up. She noted it is available online and a new hardcopy
will be presented to Rust Library at the grand reopening. She noted last
minute changes are contained in Attachment A and anything after July 1, will
be contained in the next supplement.
There was Council discussion regarding enforcement of the keeping of
fowl in residential subdivisions and other desirable changes to future
supplements.
The public hearing was closed at 8: 15 p.m.
Council Member Wright proposed the following:
Town Council Meetinq of June 23. 2009
Page 4
ORDINANCE 2009-0-009
Adopting and Enacting a New Code for the Town of Leesburg, Virginia;
Providing for the Repeal of Certain Ordinances Not Included Therein;
Providing a Penalty for the Violation Thereof, and Providing When Such
Code and This Ordinance Shall Become Effective
The motion was seconded by Vice Mayor Hammier and approved by the
following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright
and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
11. ORDINANCES
a. None.
12. RESOLUTIONS
a. Approving Change Orders for the South Kinq Street Trail, Phase 1
Proiect
Renee Lafollette described the proposed change orders.
Council Member Reid expressed concern with the additional cost.
Ms. Lafollette stated the project had previously been re-scoped in order
to take advantage of performing work that will be necessary for the South King
Street Widening while installing the trail. She stated this re-scoping will save
the Town approximately $500,000.
On a motion by Council Member Wright, seconded by Council Member
Butler, the following was proposed:
RESOLUTION 2009-077
Authorizing the Town Manager to Execute Change Order No. 10 and 11
to the Construction Contract for the South King Street Tail, Phase 1,
Project
Council Member Wright stated while this is for the current project
including the trail and stormwater management, some of these changes will be
necessary at a later time for the road widening project.
Ms. Lafollette stated if the project had not been re-scoped, some of the
trail would have to have been removed in order to widen the road.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Wright and Mayor Umstattd
Nay: Reid
Vote: 5-1-1 (Martinez absent)
13. OLD BUSINESS
a. None
Town Council Meeting of June 23, 2009
Paqe 5
14. NEW BUSINESS FOR ACTION
a. First Night/Bluemont Aqreement
Council Member Butler made the following motion:
MOTION
Authorizing the Town Manager to Sign an Agreement with Bluemont
Concert Series for First Night Leesburg
The motion was seconded by Council Member Wright.
Council Member Butler pointed out there is a 30-day out clause.
Council Member Wright stated this does not insert the Town as the
funding mechanism for First Night, but allows the program to move forward if
the funding falls short. He added it will allow the Town to have some say in
the performance standards.
Council Member Dunn stated his reservations are that the event may
become a Town event. He questioned whether the event could start earlier in
the day when it is generally warmer.
Bob Sevila stated the event is billed as a New Year's Eve event and no
previous thought had been given to starting the event earlier in the day, but
thought could be given to starting earlier. He stated the analogy of an
insurance fund is unfortunate and likened it to an indemnity fund.
Vice Mayor Hammier asked for regular updates.
Council Member Butler stated he is looking forward to the event this
year and hoping for good weather.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
15. COUNCIL COMMENTS
Council Member Reid disclosed a meeting with Dr. Sam Adamo on the
proposed elementary school site in Leesburg. He stated Council Member Butler
attended the meeting and had some good comments on equity for Catoctin
Elementary and Balls Bluff Elementary. He stated he attended the Dulles Area
Transportation Association meeting. He stated Tom Farley gave a presentation
including $25 million for enhanced bus service during construction. He suggested
leasing, rather than purchasing buses for the Leesburg/Ashburn/Tyson's route. He
noted that most commercial property in Leesburg went up in assessment, and Council
raised the tax rate, the taxes for commercial property owners went up. He
questioned why H-2 changes have been put on the backburner. Given the strife in
Iran, and as we celebrate Independence Day July 4, we should all be proud to live in
the U.S.A. which affords the rights of democracy and free speech to our people.
Council Member Butler stated he and Council Member Reid took the
opportunity of meeting with Dr. Adamo to give him a hard time about Catoctin and
Balls Bluff Elementary Schools. He stated he would like to see H-2 approvals by staff.
Town Council Meetinq of June 23, 2009
Page 6
He noted if you are lucky enough to have your property increase in value, you may
have to pay a little more on average, but most taxpayer's taxes went down. He
commended the Cornwall Campus stating he was pleased with the service he and his
family received there. He noted there was a fundraiser for the Symphony and he won
a night's stay at Comfort Inn. He stated he appreciated the owners of the bowling
alley for allowing the tree planting in the floodplain. He stated the Acoustic on the
Green event was fantastic and all the concert-goers were very well behaved and very
neat leaving no trash behind.
Council Member Wright disclosed a meeting with Dr. Adamo last week and a
phone conversation with him today. He stated he was looking forward to the staff
report on the sign ordinance specifically A-frame sidewalk signs. He noted the grand
re-opening of Rust Library on July 11 at 11 a.m., which is another result of the
generous gift of Ms. A.V. Symington. He noted he and the Mayor will be volunteering
at Acoustic on the Green on Saturday and urged others to volunteer as well.
Vice Mayor Hammier disclosed conversations with Dr. Sam Adamo regarding
school sites and Stephen Petersen and Michael Banzhaf regarding Crosstrails. She
stated she appreciates Mr. Banzhaf's letter commending Town staff on the job they
have done on the Village at Leesburg. She welcomed and congratulated Cajun
Experience and Aviation Adventures to Town. She stated the Acoustic on the Green
concert was amazing. She stated her father-in-law, a former chief of police, asked
her why there are no police patrolling downtown. She stated he felt having police
officers walking downtown is very important. She warned citizens about solicitors
going door to door and misrepresenting themselves.
Council Member Dunn announced that tomorrow is his birthday. He stated he
and Vice Mayor Hammier have discussed the Coffee with Council concept. He stated
it is an opportunity for Council to be out within the community listening to what they
have to say. He suggested a table at the pool parking lot or a community center.
Council Member Reid offered to loan Council members his goggles if they hold
the event at the outdoor pool.
16. MAYOR'S COMMENTS
Mayor Umstattd relayed Stilson Greene's compliments on what a nice job Town
staff does at the Acoustic on the Green events. She noted the simulator at Aviation
Adventures is only one of about 12 nationwide.
17. MANAGER'S COMMENTS
Mr. Wells stated K2M president and CEO, Eric Major, was named the Ernst and
Young "Entrepreneur of the Year". He thanked Ms. Irby and Ms. Notar for their work
getting the Town Code updated. He noted there are some revenue and financial
implications and the Code will be updated on a more regular basis in the future.
18. CLOSED SESSION
Mayor Umstattd made the following motion:
Pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, I move that the
Leesburg Town Council convene in a closed meeting to discuss outstanding
litigation files.
Town Council Meetinq of June 23, 2009
Page 7
The motion was seconded by Council Member Butler and approved by the
following vote:
Aye:
Nay:
Vote:
Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd
None
6-0-1 (Martinez absent)
The Council convened in Closed Meeting at 9:01 p.m.
Council returned to open session with the following motion made by
Mayor Umstattd:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only public
business matters lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act and such public business matters as
were identified in the motion by which the closed meeting was convened were
heard, discussed or considered in the meeting by Council.
The motion was seconded by Council Member Wright and approved by
the following vote:
Aye:
Nay:
Vote:
Butler, Dunn, Hammier, Reid, Wright and Mayor Umstattd
None
6-0-1 (Martinez absent)
19. ADJOURNMENT
On a motion by Council Member Wright, seconded by Council Member Butler,
the meeting was adjourned at 10:05 p.m.
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Town of Leesburg
ATTEST:
2009_ TCMIN0623