HomeMy Public PortalAbout2010_tcmin0525COUNCIL MEETING
May 25, 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, Public Works Director Tom Mason, Deputy Director of Planning
and Zoning Brian Boucher, 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 Council Member Wright
4. Roll Call showing all present
5. Minutes
a. Work Session Minutes of April 26, 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 April 13, 2010
Council Member Wright noted a correction to show he is a
member of the Timothy Council at Cornerstone Chapel.
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)
Council Member Wright made a motion to adopt the meeting agenda as
presented. The motion was seconded by Council Member Butler.
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 -Relay for Life - On a motion by Council Member
Martinez, seconded by Council Member Wright, the following Proclamation was
issued:
Town Council Meeting of May 25, 2010 Page 2
PROCLAMAT/ON
American Cancer Society's Western Loudoun Relay for Life
June 12-13, 2010
WHEREAS, 2010 marks the 26th Anniversary of Dr. Gordy Klatt's
first step of his 24-hour walk/run around a track in Tacoma, Washington
which raised $27,000 to support the American Cancer Society in May
1985; and
WHEREAS, the following year, 220 supporters on 19 teams
joined Dr. Klatt in this overnight event, and the American Cancer Society
Relay for Life was born; and
WHEREAS, each of the more than 4,800 Relays nationwide is a
fun-filled, overnight event that mobilizes communities to raise money
for the fight against cancer; and
WHEREAS, this event celebrates the lives of those who have
battled cancer as the strength of survivors inspires other to continue the
fight, remembers loved ones lost to the disease and allows people who
have walked alongside those battling cancer to find healing and allows
participants to fight back and put an end to the disease; and
WHEREAS, the Western Loudoun Relay for Life is being held on
June 12-13, 2010 at Heritage High School in the Town of Leesburg; and
WHEREAS, the theme for the 2010 Relay for Life is "Life's A
Celebration!"; and
WHEREAS, the Western Loudoun Relay for Life is celebrating its
11th Anniversary this year and has raised over $1,210,000 to aid in the
fight against cancer since 2000.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby congratulate the organizers and participants of the
Western Loudoun Relay for. Life and urge the citizens of the Town of
Leesburg to support the American Cancer Society.
PROCLAIMED this 25th day of Mav 2010.
b. Proclamation -Bullying Offensive Education and Awareness - On a
motion by Council Member Reid, seconded by Council Member Butler,
the following Proclamation was issued:
PROCLAMAT/ON
Bullying Offensive Education and Awareness
May 2010
Town Council Meeting of May 25,2010 Page 3
WHEREAS, today our children have unprecedented access to
technological resources that can enhance their lives without proper
-- understanding of their use and impacts, but these resources are not
without risks and those risks are highly multiplied through online
resources that are heavily used; and
WHEREAS, with the pervasive use of the Internet and its social
networking sites, as well as text messaging and other forms of electronic
communication, °bullying" has become an issue that is impossible to
ignore yet is not getting the needed attention and resources to properly
address it; and
WHEREAS, children have been killed or committed suicide as a
result of bullying attacks as the issues are not being taken seriously by
adults/leaders and the bullies are not held accountable for the acts
unless/until there is a loss of live or lives; and
WHEREAS, parents should take a more proactive role in
addressing this issue and being held accountable for the actions of their
minors; and
WHEREAS, religious leaders should help to address the issues in
the churches; and
WHEREAS, protecting the most vulnerable in our society is a
challenge that must be met with community education, awareness, and a
partnership between legislators, law enforcement, clerical leaders,
educators and the community at large.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia urge all citizens to take active participation in community
happenings in their churches, schools and other public places, to become
more aware of the dangers of bullying in its many forms online and
offline, and take steps to educate themselves, their children and the
community on what the real world impacts and effects of bullying is and
ways to combat it as a people.
PROCLAIMED this 25th day of Mav 2010.
8. PETITIONERS
The Petitioners section was opened at 7:46 p.m.
There were no petitioners.
The Petitioners section was closed at 7:46 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Reid,
the following consent agenda was proposed:
a. Setting the Council Calendar for FY 2011
RESOLUTION 2010-055
Setting the Council Calendar for FY 2011
Town Council Meeting of May 25, 2010 Page 4
b. Accepting_Public Improvements, Releasing the Performance Guarantee
and Approving a Maintenance Guarantee for Public Improvements at
Rivercreek, Phase VIII, Section 2A, Landbay ~~)"
RESOLUTION 2010-056
Accepting Public Improvements, Releasing the Performance Guarantee,
and Approving a Maintenance Guarantee for Public Improvements at
Rivercreek, Phase VIII, Section 2A, Landbay °)"
Award of Contract -Sycolin Road, Phase II
RESOLUTION 2010-057
Awarding the Construction Contract for Sycolin Road Widening Phase II
Project to General Excavation, Inc. in the Amount of $2,471,261
d. Award of Contract -Employee Long Term Disabilitx Insurance
RESOLUTION 2010-058
Awarding a Contract for Employee Long Term Disability Insurance to
Unum
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
U mstattd
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. None
il. ORDINANCES
a. None
12. RESOLUTIONS AND MOTIONS
a. None
13. UNFINISHED BUSINESS
a. None
14. NEW BUSINESS
a. Initiating Amendments to Section 5.9 and Article 9 of the Leesburg
Zoning Ordinance
On the motion of Council Member Dunn, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2010-059
Initiating Amendments to Section 5.9 and Article 9 of the Leesburg
Zoning Ordinance to Establish Townhouses in the R-22 Multi-Family
Residential District Subject to Appropriate Use Standards
Vice Mayor Hammler stated this does not mean there is any particular
support for this application, but is only an initiation of the amendment process.
Town Council Meeting of May 25, 2010 Page 5
Mayor Umstattd asked for verification that the only by-right commercial
use allowed in the R-22 zoning district is day care.
-- Mr. Boucher noted that day care is only allowed by special exception.
He stated day care is allowed as a home occupation for up to five children. He
stated a child care center would be allowed only by special exception. He
stated the only other commercial use allowed would be a recreational facility,
but this too, is only allowed by special exception.
Mayor Umstattd questioned whether the density would decrease if the
site is developed as townhomes rather than multi-family.
Mr. Boucher confirmed that 22 apartment units could be located on this
site as a by-right use. He stated the resolution states 15 units, but may turn
out to be less.
Council Member Dunn stated he supports this.
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Council Member Reid made a motion to suspend the rules to discuss a
resolution regarding support for Wage Radio. Council Member Martinez
seconded the motion to suspend the rules.
Council Member Butler stated that while he does support Wage Radio,
he will not be supporting the motion to suspend the rules. He stated he will be
sending an individual email in support of the radio station as he fully supports
it. He stated this was discussed at the Monday work session and it was the
will of Council at that time to do this individually and not as a Council.
The motion to suspend the rules failed on the following vote (must be
unanimous):
Aye: Dunn, Martinez, Reid and Wright
Nay: Butler, Hammler and Mayor Umstattd
Vote: 4-3
Council Member Reid expressed his disappointment.
Council Member Martinez stated that he has spoken to Mr. Minchew,
who understands the Town Council cannot weigh in on site specific land
applications.
16. COUNCIL COMMENTS
Council Member Reid thanked the voters of Leesburg for giving him their
confidence in a second term. He stated he looks forward to working with everyone
and congratulated the Mayor and his colleagues on Council who were reelected. He
stated that Council Member Dunn ran a very credible and good campaign for mayor.
He thanked Supervisors Burk and Miller for sending him nice thank you notes. He
asked the Mayor to set some decorum for the meetings. He stated he does not care
about the political consequences of making a proposal as there is no such thing as an
Town Council Meeting of May 25, 2010 Page 6
idea that is not worth discussion. He stated it was his understanding that Mr. Wells
would return with a resolution tonight that would not get involved with the special
exception issue regarding Wage Radio, but would support its re-establishment. He
~--- stated his feeling that if another council member had raised this subject, it would
have been approved. He stated everyone should have the opportunity to call one
another and talk off line. He stated he is upset that no one on Council called him to
discuss his proposal despite the fact he reached out to them in advance. He also said
the Mayor is responsible for keeping decorum at meetings and said last night's flare
up between Council Members Martinez and Dunn, in which he had to intervene, was
uncalled for. He also said it was uncalled for for members telling him to ~~shut up" or
telling Council Member Dunn to ~~stick it".
He noted this is anti-cyberbullying month and Brent Scudder is forming a
national initiative against cyberbullying. He stated his son was targeted by some
children at his children's middle school with an anti-semetic Facebook page. He
stated only one of the parents of the bullying children have apologized. He stated
that Mr. Scudder had recommended a public airing of these incidents. He noted the
Southwest Connector Trail meeting has been postponed to June 14 at Loudoun
County High School. He stated he was disappointed to learn the residents of
Clubhouse Drive had been unintentionally left out. He stated he is not confident that
residents north of the bypass have been invited.
Council Member Butler agreed with Council Member Reid that bullying is a
problem, especially now with the technological advances. He congratulated all the
election winners. He stated this year it was clear who the voters preferred, unlike two
years ago when it was a much closer race. He stated the fact that all the incumbents
won, shows the citizens are not displeased with how the town is being run. He stated
he had an opportunity to visit Palio's, which he felt was wonderful. He stated he
would be getting a pie in the face again on June 4 as part of the Western Loudoun
Relay for Life fundraiser. He encouraged everyone to join in the bidding.
Council Member Wright also extended his congratulations to the winners of the
May elections and to Mr. Dunn for running a very good campaign. He stated that now
the elections are over, everyone can move towards governing. He stated he will also
take a pie in the face for Relay. He noted that the former zoning administrator, Brian
Boucher, is available to have a pie thrown in his face, as well as Council Members
Martinez and Butler, and Tech Comm Chair JB Anderson. He stated 10% of the
proceeds from tonight at the Greene Turtle will go to Relay for Life and as part of First
Friday, the downtown businesses have joined in and will be "Painting the Town
Purple" by pre-paying for all the parking meters and putting purple bags on them. He
expressed his appreciation for the business community supporting the event.
Council Member Martinez congratulated everyone who ran, but also thanked
Neely Law and Ann Robinson for running good campaigns. He stated the town always
needs good candidates. He stated he will accept a pie from anyone who donates. He
discussed the idea of City/County :.mergers. He stated that could save significant
money.
Vice Mayor Hammier stated cyberbullying is anonymous which makes the
situation worse. She thanked staff for the downtown stakeholders meeting on May
13. She stated the business awards were very well done and stated that night
Leesburg symbolized what is truly wonderful about this country. She stated there
was a wonderful opening gathering at Summit Bank on May 13. She thanked
Wegmans for their sponsorship of the Keep Leesburg Beautiful wrap up party. She
Town Council Meeting of May 25, 2010 Page 7
stated they did a wonderful job and are a wonderful community partner. She stated
Bill Ference is retiring and will be missed. She congratulated Kate Trask on being
named Deputy. She thanked the Parks and Recreation department as Ida Lee now
has Wi-Fi. She stated mulch has replaced the dirt at the dog park, which is a
wonderful improvement. She congratulated all the election winners.
Council Member Dunn stated he has been trying to help the Special Olympics
find a place for their younger members.
16. MAYOR'S COMMENTS
Mayor Umstattd displayed the June 2010 issue of Washingtonian Magazine
which features the "Best of Leesburg". She noted quite a few establishments were
mentioned in the article by name :including the Eiffel Tower, Cajun Experience, Doner
Bistro, Fireworks, Lightfoot, Lola Cookies and Treats, Mom's Apple Pie, the Wine
Kitchen, Aylesbury Antique Center and Tea Room, Creme de la Creme, the Cottage,
the Bee Keeper's Cottage, Four Shabby Chicks, German Favorite Antiques, Leesburg
Antique Emporium, the Old House Antiques, the outlet mall, and many more. She
thanked everyone on staff and the Washingtonian for all the work that went into this
issue.
She noted she received a flyer from Mount Zion United Methodist Church
regarding Randolph Family Day and the Loudoun Douglass Alumni Golf tournament.
17. MANAGER'S COMMENTS
Mr. Wells noted the Southwest Connector trail meeting will be Monday, June
14 at 7 p.m. at Loudoun County High School Auditorium. He stated notices will be
sent out to all the residents and publicized on the website, Facebook, Twitter, and
advertised in the newspapers. He stated Steve Cawthron has retired after many
years as the wastewater treatment plant supervisor and Ed Rockholt has been named
as the new supervisor. He stated that Mr. Rockholt has 30 years of experience and
was the deputy supervisor.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Butler,
the meeting was adjourned at 8:14 p.m.
ATTEST.
Clerk of nci
Kris en C. mstattd, Mayor
Town of Leesburg
2010 tcmin0525