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HomeMy Public PortalAbout2010_tcmin0223COUNCIL MEETING February 23, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas Dunn, II, Vice Mayor Katie Sheldon Hammler, David Butler, Kenneth ~~Ken" Reid, Kevin Wright and Mayor Kristen Umstattd. Council Member Marty Martinez arrived at 7:32. Council Members Absent: None Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Research and Communications Manager Betsy Fields, Library Director Alexandra Gressitt, Public Works Director Tom Mason, Planning and Zoning Director Susan Berry Hill, Senior Planner Annie McDonald, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Call to Order 2. Invocation was lead by Council Member Reid 3. Salute to the Flag was lead by Vice Mayor Hammler 4. Roll Call showing Council Member Martinez arriving at 7:32 p.m. 5. Minutes a. Regular Session Minutes of February 9, 2010 On a motion by Council Member Butler, seconded by Vice Mayor Hammler, the minutes were passed 6-0-1 (Martinez absent). 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Wright, seconded by Council Member Butler, the agenda was approved after moving Item 14a to the Consent Agenda. The motion to adopt the meeting agenda passed by the following vote: Aye: Dunn, Butler, Hammler, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 7. PRESENTATIONS a. Resolution of Aooreciation - Virginia L. Bowie's Bequest to the Thomas Balch Library On the motion of Vice Mayor Hammler, seconded by Council Member Martinez, the following Resolution of Appreciation was approved: Reso/ution of,4ppreciation Vi~inis L Bowie WHEREAS, the Town of Leesburg's Thomas Balch ~- Library is an important and treasured resource of the citizens of Leesburg and Loudoun County; and Town Council Meeting of February 23, 2010 Page 2 WHEREAS, Virginia Bowie was along-time resident of Leesburg who died September 4, 2008; and WHEREAS, during her lifetime, Ms. Bowie bestowed the gift of countless hours of volunteer time and energy to the service of the Loudoun County Library System and Thomas Balch Library thus assisting in making the treasures housed therein accessible and available to all those who wish to use them; and WHEREAS, upon Ms. Bowie's passing, she bequeathed an additional monetary gift to the Thomas Balch Library to be used to sustain the future of this treasured resource. THEREFORE, RESOLVED that the Mayor and Council of the Town of Leesburg in Virginia hereby express their appreciation of Ms. Bowie's generous gifts to the citizens of Leesburg and the future of the Thomas Balch Library. PASSED this 23~d day of February, 2010. b. Proclamation -Black History Month On the motion of Vice Mayor Hammier, seconded by Council Member Butler, the following Proclamation was approved: PROCLAM,4T/ON Bc~cK HisroRrMOnrrH FEBRUARY 2010 WHEREAS, in February of 1926, sixty-one years after the ratification of the 13th Amendment to the United States Constitution, Dr. Carter Woodson, a noted historian, desired to recognize the achievements and contributions of African Americans in this country; and WHEREAS, the month of February was appropriately chosen to recognize the achievements of African Americans as it contained the birth anniversaries of Abraham Lincoln and Frederick Douglass; and WHEREAS, the traditional one-week observance was expanded in 1976 to include the entire month of February; and WHEREAS, Black History Month allows us to honor the achievements of and celebrate the heritage of African Americans while recalling the courage of their struggle to achieve equality; and WHEREAS, historically African Americans, such as Dr. Martin Luther King, Jr., Harriet Tubman, Rosa Parks, Medgar Evers, Jessie Jackson, Dred Scott, W.E.B. DuBois, and Mary McLeod Bethune have °~~ worked to lay the very foundation for the free and diverse society that we as Americans enjoy today; and Town Council Meeting of February 23 2010 Page 3 WHEREAS, on January 20, 2009, an African American, Barack Obama, was sworn in as the 44th President of the United States ~_-- highlighting the beginning of a new era of racial equality in the United States of America. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the month of February of the Year 2010 as Black History Month in the Town of Leesburg and urge the citizens of Leesburg to join in recognizing the contributions made by the Loudoun Chapter of the NAACP and other community organizations to preserve and remember the accomplishments of African Americans throughout the history of our nation. PROCLAIMED this 23~d day of Februarv 2010. c. Census 2010 -Theron Cook, U.S. Census Bureau Mr. Cook gave a brief presentation on the efforts of the U.S. Census Bureau and the importance of the upcoming census. He urged everyone to participate as it is how federal money is allocated and how representation in the U.S. House of Representatives is decided as well. d. Planning Commission Annual Report Brett Burk, Chairman, gave a brief presentation of the Planning Commision's Annual Report. He highlighted the activities of the Planning Commission over the past calendar year including work on Review Process Improvements, Form Based Code, and four public hearings for rezoning applications. He discussed review of the Town Plan and the upcoming Planning Commission retreat. e. Board of Architectural Review Annual Report Dieter Meyer, Chairman, gave a brief presentation of the activities of the Board of Architectural Review over the past year. He summarized the applications and approval rate. He highlighted that no applications were denied and there were no appeals to the Town Council. 8. PETITIONERS The Petitioners section was opened at 8:35 p.m. Cate Magennis Wyatt, Journey through Hallowed Ground (JTHG) Partnership, outlined the Living Legacy Program which would plant one seedling tree for every soldier who lost his life during the. Civil War. The trees would be planted along the JTHG corridor from Gettysburg to Monticello. She asked for Council support of this program. She stated this would be done to commemorate the sesquicentennial of the Civil War. She noted that no money has been appropriated, but the support of the 350 member jurisdictions is necessary to move forward with the proposal for federal grant funds. Council Member Butler stated this is a fantastic idea. He questioned whether JTHG would be willing to work with the Town's Tree Commission and Urban Forester to correctly site the trees to maximize the chances of their survival. Town Council Meeting of February 23, 2010 Page 4 Ms. Wyatt stated they would welcome the expertise. She added that the JTHG is very grateful to the Council and Town staff for their support. ~-- Vice Mayor Hammier stated this will be an incredible benefit to the Town. She stated she will abstain from voting on this item since her husband received an educational scholarship from JTHG to attend their program. Ms. Wyatt stated the JTHG underwrites teachers from local jurisdictions recertification class through Northern Virginia Community College. She stated these scholarships are available to any teacher who teaches civics or history. Council Member Dunn stated this is a great cause. He stated he is reminded of a tradition where a tree is planted whenever a child is born and this is almost giving rebirth to those Americans who sacrificed so much to make our country what it is today. Walter Franzen, Jerry's Chevrolet, asked Council for their support of the dealership in its arbitration with General Motors. He read the following statement into the record: ~~Jerry's Chevrolet in Leesburg has been around for a long time. Right now, we are in an arbitration situation with General Motors. It was really forced by the Congress and they will go through binding arbitration. We have been here a long time, over six years in this particular situation. Briefly, Jerry's Chevrolet has invested in Leesburg over the 20 years or so that we have had this dealership. We ask the Council to endorse the dealership and allow us to use the endorsement." Council Member Martinez stated having Jerry's in the area is a great asset. He stated he has no problems supporting Jerry's. Ad Barnes, 422 Dodd Drive, NW, stated he is not coming as a Planning Commissioner, but as a private citizen. He thanked the Department of Public Works for taking care of the snow removal from the biggest snow Leesburg ever had. He stated he supports Jerry's Chevrolet and Mr. Franzen. He stated any help the Council can give them by passing a resolution of support would help retain existing businesses. He stated his li-year-old granddaughter has started a letter writing campaign at her school to support the dealership. He stated this is not taking the side of any one business, but supporting any business that needs help. He stated he is proud of the Town Manager, John Wells, and the Mayor as they visit businesses. Stewart Curlev, stated he is here to talk about sewer rates being based on water usage. He stated on December 8, the Council was continuing a discussion on various alternatives to the rate structure including fixed fee changes, a formula to compute sewer usage in the summer time to make sure the units billed actually equal the units used and the concept of deduct meters versus a water only type meter, which is the existing options that were available at that time. He stated the changes went into effect without any closure. He stated a notice went out to customers with their first bill this year that did a very poor job of clearly indicating the impact of this billing system. He stated this creates a ticking sewer bill time bomb which will go off this summer. He stated the new method is not fair, equitable or reasonable as it does not properly allocate the cost to those who receive the benefits, but places the weight of filling the $1.5 million sewer deficit on the shoulders of less than ~/z of the users. The sewer only customers will get a free ride with no increase at all. He noted the estimated cost for a water only meter radically increased versus the presentation that Town Council Meetin4 of February 23, 2010 Page 5 was made to Council in September. He stated, at that time, those meters were estimated to be $3-6 thousand to install the meters, but now the estimates are $5,000 higher. He stated this is because the water department is trying to charge a $5,000 availability fee. He stated summer users will pay a 224% surcharge for their water usage. He stated in-town customers will see sewer bills increase between 20% and 400%, which will be a big surprise. He stated this problem will not go away. He stated the revenue source will not materialize as people will install water only meters or wells and change their consumption patterns. He stated the only solution is to increase fixed use fees and compute a summer sewer use factor similar to the way that Loudoun County does so that all customers will pay their fair share and provide a guaranteed revenue stream that cannot be avoided by changes in use and usage patterns. Council Member Reid questioned whether there is supposed to be an annual review of water and sewer rates. Ms. Irby stated the rates were just set in September, so this is the first quarter these rates have been in effect and more data will be necessary to review. Council Member Reid suggested Council do an annual review this summer. The Petitioner's section was closed at 8:57 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Butler, the following consent agenda was proposed: a. Recommending Candidates for Vacancies on the Board of Zoning Appeals to the Circuit Court -Joseph Burke and Elizabeth Coomes RESOLUTION 2010-019 Recommending Candidates for Vacancies on the Board of Zoning Appeals to the Circuit Court The Consent Agenda was approved by the following roll call vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. None li. ORDINANCES a. None 12. RESOLUTIONS a. Journey through Hallowed Ground Partnership's Living Legacy Program On a motion by Council Member Martinez, seconded by Council Member Reid, the following was proposed: Town Council Meeting of February 23~ 2010 Page 6 RESOLUTION 2010-018 In Support of the Journey through Hallowed Ground's Living Legacy Program Commemorating the Sesquicentennial of the Civil War Council Member Martinez stated this is a great idea. He stated he would love for town staff to be part of this discussion. Council Member Reid asked for a friendly amendment, which Ms. Wyatt supported. He stated it would read "Be It Further Resolved, that the Council of the Town of Leesburg in Virginia requests that any trees planted within the Leesburg Corporate Limits be done with the Assistance and Consent of Leesburg's Urban Forester and Tree Commission". Mayor Umstattd stated she would not want to tie Council's hands by requiring consent of the Tree Commission, but suggested "assistance and advice". Council Member Reid agreed to this wording. Council Member Martinez accepted the friendly amendment with the Mayor's suggested language. Council Member Reid asked to add a specific mention of the Leesburg Bypass and Route 7 as a location for some of the trees. He noted the Town will need beautification along those corridors because of the installation of the Dominion Virginia Power transmission towers. Council Member Martinez stated he does not want to dictate or suggest `~` location. He stated Town Staff and the Tree Commission will be able to offer encouragement as to location of the trees. He stated he does not feel this amendment is necessary. Council Member Dunn stated the Journey through Hallowed Ground is along the Old Carolina Road, which is Route 15. He stated keeping it along the historic road is best, although this is the prerogative of the project administrators. The motion was approved by the following vote: Aye: Butler, Dunn, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammier abstaining) Council Member Martinez questioned why Vice Mayor Hammier had abstained as he felt it would have been nice to have a unanimous vote. Mayor Umstattd explained that the Vice Mayor felt more comfortable abstaining since her husband had received an educational grant from JTHG to attend some training. b. FY2011 Federal Non-Defense Appropriations Request for Sycolin Road Flyover Construction Funding On the motion of Council Member Martinez, seconded by Council Member Reid, the following was proposed: Town Council Meeting of February 23~ 2010 Page 7 RESOLUTION 2010-021 Endorsing the Application and Authorizing the Town Manager to Execute Any and All of the Documents Associated with the Submission of a FY2011 Federal Non-Defense Appropriations Request for $27.5 Million for Construction of the Sycolin Road Flyover Council Member Reid stated this was discussed with Senator Warner and there is an application process on the website to apply for funds. He stated this is a back up in case the Town does not receive the TIGER grant funds. Ms. Fields stated the Town did not receive the TIGER grant. Council Member Reid stated this will be the best the Town can get for now, unless Richmond devises new funding. Council Member Wright stated he appreciates this coming forward and compared it to the 27 different funding sources that were required for the section of Battlefield Parkway between Route 7 and Sycolin Road. He stated this will take the same determination to keep working on it until all the funding can be secured. Council Member Martinez stated this is another one of the many things that Council and Town staff has to find funding for since the state is not doing what they are obligated to do. The motion was approved 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 a. Expressina Suooort for the Continuation of General Motor's Franchise with Jerry's Chevrolet On the motion of Mayor Umstattd, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2010-020 Expressing Support for the Continuation of General Motor's Franchise with Jerry's Chevrolet Mayor Umstattd stated she is very proud of this Council and thinks Council is doing a very good job for business by passing this resolution. Council Member Wright stated it is important to note that this is a long standing legacy business. He stated he appreciates the opportunity to support Jerry's and noted it is also beneficial to residents who need service by a Chevrolet dealership. Town Council Meeting of February 23, 2010 Page 8 Council Member Dunn stated he would support this motion, but in regards to the discussion from Monday night, he feels it is being made outside the normal rules. He stated he hopes to clarify those rules at the next work session. He stated he does not want to see anyone with an issue that needs to come before Council be hurt by the Council's rules of governance. Mayor Umstattd stated Jerry's is a wonderful addition to the Town's business community and Council wants to do everything to keep people employed and continuing to serve the customers of Leesburg and Loudoun County. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Virginia House Bill 652 On a motion by Council Member Wright, seconded by Council Member Butler, the following was proposed: RESOLUTION 2010-021 Opposing Legislation Which Would Reduce the Ability of Towns to Provide Reasonable Compensation for Reasonable Access to Any Right of Way Council Member Wright stated this legislation can have significant ~. impact not only to the Town, but to the Virginia Department of Transportation's efforts to make highways limited access highways. He stated there are significant downsides to this legislation from both a financial standpoint and from the standpoint of maintaining mobility in transportation. Council Member Butler questioned how this was passed through the House, but he strongly agrees with Council Member Wright. Vice Mayor Hammler stated it is important for citizens to understand that this is not truly a property rights bill, as it is being touted. She stated the irony is that it passed with only one vote against in the house, but even though there is no money for transportation, they will be creating increased costs for transportation, which will be passed along to municipalities. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 15. COUNCIL COMMENTS Council Member Reid stated he was sad that the Town did not get the TIGER grant as he was hoping for it. He questioned why and what projects were funded. He stated the resolution that was passed tonight, is not the end of this. He stated it is incumbent for Council to lobby Senators Warner and Webb to make sure the Town gets some funding. He stated this is an annual appropriation. He stated Purcellville was able to get an earmark for the Maple Avenue intersection, which is important for Town Council Meeting of February 23, 2010 Page 9 Purcellville, but the Sycolin Road bottleneck affects the entire area. He stated the other project that needs to move forward is the climbing lane on Route 7. He reiterated it is important for everyone to lobby Senator Warner to see that he gets us _~__ something for Sycolin Road. He noted the Town will not get any new money out of Richmond this year because of the budget situation. He stated these projects are more important than the Route 15 widening, which is turning into a problem for the residents of Greenway Farms and Linden Hill. He thanked the members of the Balch Library Commission for coming to celebrate African-American History month. He noted there is a forum on Saturday at George Washington University's Ashburn campus between 5 and 7 p.m. sponsored by the NAACP and Zeta Phi Beta Sorority which is a panel discussion called ~~2010: Are We Integrated or just Desegregated?". He stated these are very good forums to discuss race relations. Council Member Reid stated there is a building on the edge of the school board property at the intersection of Wirt and Union which was the black children's school. He suggested a plaque be put on the building showing that significance. Council Member Reid stated he attended the Greene Turtle fundraiser for the ARC of Loudoun. He noted there will also be a fundraiser at River Creek Country Club on March 5. Council Member Butler stated the Tree Commission held a forum which was attended by 50 people. He stated the forum was to help HOAs learn about tree planting and maintenance techniques. He stated he attended the ribbon cutting at Manhattan Pizza and it is great to see more restaurants coming into town. Council Member Butler stated he does not understand Delegate Bob Marshall and disagrees with his comments. Council Member Wright stated there are citizens interested in serving on the Commission on Public Art and requested that an appointment be considered at the next Council meeting. He thanked Town staff for the snow removal efforts. He stated he was very impressed with the efforts of staff who worked for 12 hour shifts for two weeks. He noted China King has reopened and it is great to see how the community supported them. Council Member Martinez stated he was very excited that many of the downtown businesses supported China King. He stated it was really nice to go to the ribbon cutting at Manhattan Pizza. He stated the bequest to the Balch Library was made by someone who participated in the Balch Library and saw the quality and value that this institution gives to the Town of Leesburg. He stated he appreciated the job that Town staff did on snow removal. He urged everyone to visit Town Hall to view the beautiful Fiber Arts display by Countryside Quitters. Vice Mayor Hammier extended her appreciation to Virginia L. Bowie on her gracious and generous donation to the Balch Library. She stated she agreed with Council Member Butler's comments on Delegate Marshall. She stated Martin Luther King had an important quote with regards to this, ~~A threat to justice anywhere is a threat to justice everywhere" and speaks to the potential for American greatness and ultimately to significant weaknesses when there are elected leaders who take stances like the one that Delegate Marshall took. She stated she appreciated everyone who came out in support of the Black History Month proclamation. She stated she is excited by all the ribbon cuttings and great economic news. She noted that Jerry's Flowers and Gifts has been representing businesses at ribbon cuttings and it is great Town Council Meeting of February 23, 2010 Page 10 that the businesses support each other. She stated Jerry's Flowers is in the process of expanding to a second location in the downtown, as a direct result of the success of First Friday. Vice Mayor Hammier stated she was honored to participate in the ribbon cutting for 7Wellness Center. She stated this is a woman-owned business and encouraged everyone to go by and see the options for health and wellness. She congratulated John Wells' son, Jonathan, on his graduation from Army Basic Training. Council Member Dunn stated it was a pleasure to attend the Tree summit and stated the Tree Commission did a great job putting that together. He noted the Urban Forester urged a good tree management plan. He urged letting the elected officials of neighboring states know about issues that might impact their constituents. He stated neighbors helping neighbors was very evident during the blizzard. He thanked staff for doing what they did and thanked the citizens of Leesburg for showing their neighborly ways by helping each other. Council Member Martinez thanked everyone who participated in his daughter's pet survey for her graduate work. 16. MAYOR'S COMMENTS Mayor Umstattd stated it is great to have China King back open and urged everyone to go see the beautiful new decor. She stated it was great to see Jack Azar at Manhattan Pizza. She thanked Jerry's Florist for being at just about every ribbon cutting for the past several months. Mayor Umstattd read the Loudoun Country Day School pre-kindergarten and junior kindergarten's Guide for Town Management: If I were the Mayor. 17. MANAGER'S COMMENTS None. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Wright, seconded by Council Member Butler, the meeting was adjourned at 9:35 p.m. t n C. mstattd, Mayor Town of Leesburg ATT ST ~. Clerk of ~ u cil 2010 tcmin0223