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HomeMy Public PortalAbout2009_tcmin0623 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. S~~QS:~ Kn -- C. U stattd, Mayor ( Town of Leesburg ATTEST: 2009_ TCMIN0623