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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