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HomeMy Public PortalAbout2010_tcmin0309COUNCIL MEETING March 9, 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, Marty Martinez, Kenneth °Ken" Reid, Kevin Wright and Mayor Kristen Umstattd . 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, Economic Development Manager Marantha Edwards, Public Works Director Tom Mason and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Call to Order 2. Invocation was lead by Council Member Dunn 3. Salute to the Flag was lead by Council Member Martinez 4. Roll Call showing all present 5. Minutes a. Work Session Minutes of February 22, 2010 _ On a motion by Vice Mayor Hammler, seconded by Council ___ Member Butler, the work session minutes were passed 7-0. b. Regular Session Minutes of February 23, 2010 On a motion by Council Member Martinez, seconded by Vice Mayor Hammler, the minutes were passed 7-0. 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Butler, seconded by Vice Mayor Hammler, the agenda was approved after moving the EDC Annual Report upon the arrival of Chairperson Bagdasarian. The motion to adopt the meeting agenda passed by the following vote: Aye: Dunn, Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 7. PRESENTATIONS a. Proclamation -Women's History Month On the motion of Mayor Umstattd, seconded by Vice Mayor Hammler, the following Proclamation was approved and presented to Ms. Lou Etta Watkins: Town Council Meeting of March 9.2010 Page 2 PROCLAM,4T/ON WOMEN'S HISTORY MONTH MARCH, 2010 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 2010 celebration of Women's History Month is °Writing Women Back into History". THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the month of March of the Year 2010 as Women's History Month in the Town of Leesburg and urge the citizens of Leesburg to join in recognizing the accomplishments and historical contributions made by women throughout the history of our nation. PROCLAIMED this 9th day of March 2010. b. Economic Development Commission Annual Report Ara Bagdasarian, the Chairman of the Economic Development Commission gave the annual update to the Council on the activities of the Commission. He stated it is important to emphasize the Commission's mission is to strengthen the economic vitality and stability of the Town of Leesburg which includes expanding existing businesses, attracting and recruiting desirable new businesses. He stated enhancing economic activities will benefit local businesses and residents. Town Council Meeting of March 9, 2010 Page 3 He highlighted the business process improvements which has had overwhelmingly positive response. He stated there is still room for improvement, but this has been a key accomplishment for the Town. He noted increased collaboration with the Loudoun County Economic Development Commission and stressed the importance of the continued working relationship. He stated the Performing Arts Center Board of Directors has been established and handed off from the EDC and they have filed the paperwork to become the legal entity for the Center. He stated they are working on the Mason Enterprise Center which will help job creation in the Town because the businesses that will most likely participate in the incubator would be high growth businesses. He stated there was excellent participation in the Banker's Roundtable and the Business Appreciation Awards. He listed other projects including the Green Symposium, which was held in collaboration with the EAC, the Downtown Leesburg partnership, which is an ongoing, vigorous effort to have a single focus downtown to improve the downtown. He discussed the launch of a newsletter, which is aimed at engaging the business community, and the development of social media tools. Council Member Dunn questioned what the EDC is actively doing to get the empty office space filled. Mr. Bagdasarian all the EDC can do is look at the various tools that are available for economic development. He stated the County and Town are not engaged in tax incentives or tax abatements for attracting new businesses, but the EDC can explore what other tools are available to attract business. Council Member Dunn recommended more regular updates so the EDC can gauge the temperament of Council so it can go down a path that will reach a successful conclusion other than wasted time and energy. He stated he would love to explore the idea of a job fair further as there is great need and would help the businesses and the community. Vice Mayor Hammier thanked Mr. Bagdasarian and the rest of the Commission for their dedication of so many hours to the Town. She stated the Council appreciates the dedication and the strategic framework that the EDC brings to everything it does as it helps Council. She asked the Commission to take a look at the Economic Development portion of the budget and provide any comments they may have in the next few days. She questioned whether the donation to the Loudoun Convention and Tourism Center is the highest and best use of those taxpayer dollars given that there are a great number of important initiatives that need funding. She questioned whether the EDC had any suggestions with regards to the operation of the Town parking garage as it ties into some of the key things the EDC is trying to achieve. Mr. Bagdasarian stated that is something the Downtown Leesburg Partnership will be looking at as one of its focus areas. Council Member Wright stated the Planning Commission is looking at reviewing the Town Plan and questioned whether the EDC had started their review. Town Council Meeting of March 9, 2010 Page 4 Mr. Bagdasarian stated the Planning Commission liaison had brought that up at the last EDC meeting and the Commissioners will be assembling their thoughts on this and it will be a discussion item at the next EDC meeting. Council Member Butler stated it feels like economic development in town has been on an upswing lately and he is certain that a lot of that has to do with the work the EDC has done. He stated he feels over the next few years, a lot of the EDC initiatives will bear even more fruit. Council Member Reid stated he enjoys being the Council's representative on this Commission. He emphasized that the sign ordinance is something that impacts businesses because of the town's antiquated regulations and enforcement. He questioned whether the Town should weigh in on what is going on with the County's economic development department. Mr. Bagdasarian stated he would not weigh in unless the Town was asked to weigh in on this subject. Council Member Reid stated he feels the image of the Town has changed and a lot of businesses now want to be in Leesburg due to the change in the culture of the Town. He stated the leadership of the EDC has made this happen. He stated the Town is becoming an incubator for restaurant chains as there are three restaurants that started in Leesburg that are thinking of going national. He stated if this word gets out to other people looking to start a restaurant, this will be terrific for the vibrancy of this Town. Mayor Umstattd stated she appreciates all the hard work performed by the EDC and Mr. Bagdasarian. She stated what Council Member Reid said was echoed in Mr. O'Connor's comment at the Palio's Ribbon Cutting that he loved doing business with the Town. She stated the Council is hearing a lot of that these days. 8. PETITIONERS The Petitioners section was opened at 7:41 p.m. There were no petitioners. The Petitioners section was closed at 7:41 p. m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Dunn, the following consent agenda was proposed: a. Making a Reduction of the Performance Guarantee for Fort Evans Plaza II -Fort Evans Road Public Improvements RESOLUTION 2010-023 Making a Reduction of the Performance Guarantee for Fort Evans Plaza II -Fort Evans Road Public Improvements b. Making a Reduction of the Performance Guarantee for Village at Leesburg - Wegman's Food Market Town Council Meeting of March 9, 2010 Page 5 RESOLUTION 2010-024 Making a Reduction of the Pertormance Guarantee for Village at Leesburg - Wegman's Food Market c. Making a Reduction of the Performance Guarantee for Village at Leesburg -Village Center RESOLUTION 2010-025 Making a Reduction of the Performance Guarantee for Village at Leesburg -Village Center d. Lowenbach Easements RESOLUTION 2010-026 Declaring that Public Necessity Exists and Authorizing Staff to Acquire Temporary and Permanent Easements Necessary to Construct the Lowenbach Improvements Project and Authorizing Condemnation if Offers are not Accepted e. Making an Appointment to the Commission on Public Art RESOLUTION 2010-027 Making an Appointment to the Commission on Public Art f. Making an Appointment to the Technology and Communications Commission RESOLUTION 2010-028 Making an Appointment to the Technology and Communications Commission The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor U mstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. None 11. ORDINANCES a. None 12. RESOLUTIONS a. None 13. OLD BUSINESS a. None Town Council Meeting of March 9, 2010 Page 6 14. NEW BUSINESS a. Onoosina the Elimination of Fundina for the Virainia Commission for the Arts On the motion of Council Member Butler, seconded by Council Member Wright, the following was proposed: RESOLUTION 2010-029 Opposing the Elimination of Funding for the Virginia Commission for the Arts The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 15. COUNCIL COMMENTS Council Member Reid stated he was pleased that Environmental Advisory Commissioners Haberl and Ellis will be returning to the commission. He stated it is important to go ahead with more in-depth training on Conflicts of Interest. He stated he had a meeting with his commissioners and Parks and Recreation Commissioner Laurie Burke noted that Ida Lee Pool is very limited and because of the opening of Tuscarora High School, it may need to be used primarily for the Leesburg area schools as opposed to schools outside Leesburg such as Loudoun Valley. He stated the proffer money that was received from Spring Lakes will be used for a path to the water park and more shade. He stated the Verizon contract wilt not be renewed until 2016; therefore, the Technology and Communication Commission is focusing on Comcast. He stated one of the things that needs to be conveyed during negotiations with Comcast is that better equipment needs to be put in the Council Chambers so that the broadcasts are better. He noted an elder hostel is looking at doing a tour of Loudoun County and Oatlands with the possible addition of Balch Library to the tour. He noted the Balch Library is planning to do something for the bicentennial of the War of 1812. Council Member Reid noted he would be unable to attend the morning half of the budget work session. He stated he might be able to attend the afternoon session. Council Member Reid added that the SRTC had initiated an action to get the process going to make Cornwall Street a one way street. He disclosed a conversation with Landmark Commercial. He stated he had suggested a gas station as there is demand for a gas station south of the bypass. Council Member Butler stated he is glad that Mr. Ellis and Dr. Haberl are back on the Environmental Advisory Commission. He stated he was glad the Commission on Public Art finally has full membership, which will make it less difficult to conduct meetings with a quorum. He noted some of the roads in Leesburg have speed limits which are too low. He disclosed a meeting with Lowe's. Council Member Wright stated he agreed with the comments regarding the Environmental Advisory Commission and training of Boards and Commissions. He Town Council Meeting of March 9, 2010 Page 7 stated he took a few days off to review the budget and is looking forward to the meeting tomorrow. - Council Member Martinez stated it is great that Council Member Wright spends so much time reviewing the budget because everyone depends on his detailed review. He also echoed the comments regarding the Environmental Advisory Commission and the need for annual training. He stated he appreciated the energy audit presentation at Monday night's Council Work session. He stated he was happy to see Ms. Watkins and noted she is a great role model and representative. Vice Ma rLor Hammler stated she had a meeting with Tom Dunlap, who is her airport commission nominee, and stated he is also on the Board of two not-for-profits. She stated they discussed a possible partnership on a new Advanta Triathalon in partnership with some groups that are supportive of Leesburg. She stated she invited Mr. Dunlap to attend a meeting with Roger Stough of George Mason, Jan Zachariasse and Town staff. She stated another meeting will be held next week. She stated the swimming lanes issue at Ida Lee Park was discussed at the Parks and Recreation Commission meeting. She stated they highly scrutinize how many lanes are used and how many are needed. She noted the emphasis is on the schools with the greatest number of Leesburg students and how best to serve those swim teams. She thanked Dr. Haberl for being willing to come back to the Commission. She stated that Dr. Haberl has the highest level of integrity. She stated the Commission and Council Members need to look to important Town resources in specific situations such as consulting the Town Attorney. She congratulated Michael O'Connor and his family on the opening of Palio's. She stated the ribbon cutting was well attended and applauded Mr. O'Connor's willingness to invest in the downtown. Vice Mayor Hammler stated she was asked to participate in Read Across America Day at Francis Hazel Reid. She noted the Mayor and Dr. Hatrick participated as well. She noted she was also invited to present to Mrs. Roberson's eighth grade civics class on being a local elected official, which was inspiring to be able to make connections with things kids really care about such as performing arts centers. She stated they brainstormed on how kids can get involved with the Town and highlighted the upcoming Keep Leesburg Beautiful and Earth Day celebrations. She stated she will be visiting Smart's Mill with Officer Pearson, who is the School Resource Officer there. She stated she wants to know as much as possible about the program so Council can focus in on the funding from the County. (Note: Officer Pearson was unavailable and the SRO tour was provided by Officer Potter at Loudoun County High School). She stated she will also be visiting some of the ROCK children next week. She stated she appreciated the Census presentation at the last Council meeting. She stated this Census will help us truly understand the demographics of Leesburg including the school population, hospital usage, and usage of the non-profits. She stated the information on who is living in the Town of Leesburg will help the Town qualify for our fair share of Federal funds that could come back. Council Member Dunn stated he was at a Job Fair with the Census Bureau in Fredericksburg at Mary Washington University, sponsored by Senator Warner. He stated it was very well attended with over 6,000 people. He stated there is a lot of need despite Loudoun's designation as the wealthiest county. He suggested a Leesburg job fair where employers actually have jobs that need filled. He congratulated all the cub scouts and boy scouts who have just had their crossover ceremonies. He stated the Council owes the commissioners and the citizens to not have the type of witch hunt that was held with regards to the Environmental Advisory Town Council Meeting of March 9 2010 Page 8 Commission. He stated Council needs to look into this and take proper action. He stated that training is needed at all levels, complete the process that was begun and do it right. 16. MAYOR'S COMMENTS Commended Jerry's Florist for opening at the Gallery Walk last Friday. She stated this is on South King Street between Market and Loudoun. She noted that Jerry's also has a location next to Razzle Dairy Bar in Virginia Village Shopping Center. Mayor Umstattd also commended Catoctin Elementary on their variety show, which was well attended by Council. She stated the children did a wonderful job. She thanked the schools in Leesburg for inviting Council members to read to the students. Mayor Umstattd disclosed a meeting with representatives of Lowe's. She stated they are looking at doing a retail center on their property and they are interested in doing a center that would include restaurants. Mayor Umstattd stated she wanted it known clearly that the Boards and Commission members need to be more intensively educated on Conflicts of Interest. She stated it is prohibited under Virginia law to use a position on the Council, a Board or a Commission or a task force to seek a contract with local government. She stated even if the only benefit you would receive is publicity, anything of value in exchange is prohibited. She stated she is confident that any member of a Commission or Board who feels they may be a conflict of interest, would contact the Commonwealth's Attorney for a formal opinion in writing. She stated it is imperative to maintain Leesburg's high reputation for integrity and urged anyone serving on a Board or Commission to take that step of contacting Mr. Plowman if they are in doubt. She stated the Town Attorney is more than happy to work with any commissioner in this type of situation. She commended Ms. Irby and Mr. Wells for taking the initiative to ~~~ more intensively educate staff liaisons on what exactly is a conflict of interests. She stressed that everyone needs to be mindful of what conflicts of interests are and educate themselves. She stated that everyone needs to avoid engaging in anything that even has the appearance of a conflict. She stated the Commonwealth's Attorney is very helpful and will let you know if you have a conflict, but if you persist in the behavior he has defined as a conflict, you can be convicted of a misdemeanor. She urged everyone to recuse themselves from doing anything involving their private businesses from the dais or at a meeting as she does not want to see anyone's reputation besmirched by an innocent lapse. 17. MANAGER'S COMMENTS Mr. Wells noted a package reflecting history on undergrounding utility lines as requested by Council Member Reid is in the Council's mailboxes. He noted the sidewalk was poured on Edwards Ferry Road between the Sheetz and Heritage Way. Mr. Wells provided Council with an updated Council calendar showing action/discussion items for the next six months with additions noted by Council on Monday night included. He noted the budget work session will start at 9 a.m. on Wednesday morning with refreshments starting at 8:30. 18. CLOSED SESSION None. Town Council Meeting of March 9, 2010 Page 9 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 9:00 p.m. n C. mstattd, Mayor Town of Leesburg 2010 tcmin0223