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