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HomeMy Public PortalAbout2010_tcmin0622COUNCIL MEETING June 22, 2010 Council Chambers, 25 West Market Street, 7:30 p. m. Mayor Umstattd presiding. Council Members Pres nt Thomas Dunn, II, Vice Mayor Katie Sheldon Hammler, David Butler, Marty Martinez, Kenneth °Ken" Reid, Kevin Wright and Mayor Kristen Umstattd. CQUncil Members Absent None Staff Present: Town Manager John Wells, Deputy Town Attorney Barbara Nota r, Public Works Director Tom Mason, Director of Finance Norm Butts, Human Resources Director Nancy Fixx, Deputy Director of Recreation Kate Trask, Research and Communications Manager Betsy Fields, and Clerk of Council Lee Ann Green 1. Call to Order 2. Invocation was lead by Vice Mayor Hammler 3. Salute to the Flag was lead by Eagle Scout Christopher William Peters 4. Roll Call showing all present 5. Minutes a. Work Session Minutes of June 7, 2010 On a motion by Vice Mayor Hammler, seconded by Council Member Butler, the work session minutes were passed 6-0-1 (Martinez abstaining) b. Regular Session Minutes of June S, 2010 On a motion by Council Member Martinez, seconded by Vice Mayor Hammler, the minutes were passed 6-0-1 (Umstattd abstaining) 6. Adopting the Meeting Agenda (Amendments and Deletions) Council Member Butler made a motion to adopt the meeting agenda with the deferral of Item 12b (TIGER II Discretionary Grant). The motion was seconded by Council Member Wright. Council Member Wright made a friendly amendment to defer Item 14c to give Council appropriate time to review. 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 Presentations a. Certificate of Recognition -Achievement of the Rank of Eagle Scout: Christopher William Peters. On a motion by Vice Mayor Hammler, seconded by Council Member Wright, a Certificate of Recognition was presented to Christopher William Peters. Town Council Meeting of ]une 22 2010 Paae 2 b. Certificate of Aooreciation -Steve Cawthron On a motion by Vice Mayor Hammler, seconded by Council Member Wright, a Certificate of Appreciation was presented to Steve Cawthron for his years of dedicated service to the town's Department of Utilities. c. Certificate of Aooreciation - Terrv Frve On a motion by Vice Mayor Hammler, seconded by Council Member Wright, a Certificate of Appreciation was presented to Terry Frye for his years of dedicated service to the town's Department of Finance. d. Certificate of Aooreciation - Harrv Grimm On a motion by Vice Mayor Hammler, seconded by Council Member Wright, a Certificate of Appreciation was presented to Harry Grimm for his years of dedicated service to the town's Department of Utilities. e. Certificate of Aooreciation -William Grimes On a motion by Vice Mayor Hammler, seconded by Council Member Wright, a Certificate of Appreciation was presented to William Grimes for his years of dedicated service to the town's Department of Utilities and the Department of Public Works. f. Certificate of Aooreciation -William Ference On a motion by Vice Mayor Hammler, seconded by Council Member Wright, a Certificate of Appreciation was presented to William Ference for his years of dedicated service to the town's Department of Parks and Recreation. g. Signatures of Loudoun -Design Ex ellence Awards Betsy Fields stated on June 14, the Loudoun County Design Cabinet presented their annual Signatures of Loudoun Design Excellence Awards and this year there were nine awards in six categories which recognize the buildings, interiors, places and details that contribute to the high quality built environment that makes Loudoun County unlike any other. She stated of the nine winners this year, five are located within the Town of Leesburg, She described the three private projects which included Shoes Cup and Cork Club in the Makeovers category, the Statute of George C. Marshall at Dodona Manor in the Details category and South Kinq Street Center in the familiar category. She noted two Town of Leesburg projects received design awards -Ida Lee Park Recreation Center and AV Symington Aquatic Center received an award in the Mixing Places category and Fox Ridge Park received an award in the Details category. 8. Petitioners The Petitioners section was opened at 7:45 p.m. Dr. Sam Adamo, stated that Loudoun County Public Schools did a history for Douglass Elementary School. He stated it illustrates and highlights the how the local education system was interconnected with national events and he stated there is a lot of room for research, He noted the new Douglass Elementary School will be working with the students through the social sciences fair to this research part of the fair which will give the new school a lasting legacy and help familiarize many of the county's newest residents with local history. Town Council Meeting of June 22 2010 Paoe 3 Council Member Reid stated that Debra Lee and several others have been in touch with him regarding putting a plaque at the Leesburg Training School, which is on Union Street. He stated they are very interested in having that school -- memorialized. He requested that Dr. Adamo get in touch with Ms. Lee. David Grainoer, stated he is a member of the Northern Virginia Rods and Classics Car Club which recently held a classic car show on June 5 and raised approximately $3,900 for the auto collision and repair class at Monroe Vo-Tech. He stated it was successful despite threatening weather and less support than in previous years from local merchants. He stated they had expenses for printing and posters, a DJ for the music, trophies, portable toilets, and insurance which totaled $1,819. He stated the signage from the town was $540 which was reduced to $340 by the Town Manager. He requested a donation of the full amount of $540 to help the school's course. He read the following letter from the class instructor: "To Whom it May Concern: My name is Douq Upright and I have been a teacher at Monroe Technology Center in Leesburg for the past 33 years educating our youth in the collision repair auto body industry. It has been my pleasure for my program to have associated with the Leesburg Car Show for the past four years sponsored for my students by the Leesburg Downtown Merchants Association and the Northern Virginia Classic Car Club. Current students and alumni from the Collision Repair program volunteer their time to ask the public for donations at the car show to support the collision repair program. This has been a great public relations experience for my students. Monies donated have helped my program tremendously in these tough economic times. The amount of money received from donations directly helps fund additional materials and experiences these students can have outside the confines of the traditional high school education experience. My program is anon-profit program and these donations have been a great help in my classroom and lab for the last four years, but the car show has also been very beneficial to Leesburg in the number of people who come downtown to the show and spend money at local businesses. I hope this continues to be a win-win situation for the Town of Leesburg, the Downtown Merchants Association and the Collision Repair Program at Monroe Technology Center. We are an integral part of the fabric of this community. Most of my students will live and work here. I teach a career here that cannot be outsourced. My students are and will become good productive citizens of Loudoun County and I thank everybody for their support". Mr, Grainger stated this would be deeply appreciated and would also help the car club with their plans for next year's show, which will be the 25`" annual car show, which they hope to be a huge success. He stated the school and the town are the winners each time and Council consideration of this matter and future erasure of this fee would be sincerely appreciated. Mayor Umstattd stated the Council can choose to donate to non-profits. Mr. Wells stated [he police department fees have already been waived and he is not sure why the signs were not waived as well. He recommended consistency with waiver of the balance of the sign fees. He suggested bringing it forth at the nett meeting. Council Member Wright made a motion to suspend the rules to allow for a vote tonight. The motion to suspend the rules was seconded by Council Member Reid. The motion to suspend the rules passed by the following vote: Town Council Meeting of June 22 2010 Paae 4 Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd. Nay; None Vote: 7-0 Council Member Reid made a motion to waive the fees and refund the full amount of the signs. The motion was seconded by Council Member Dunn and approved by the following vote: The motion to suspend the rules passed by the following vote: Aye; Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd. Nay: None Vote: 7-0 The Petitioners section was closed at 8:00 p. m. 9. Approval of the Consent Agenda On a motion by Council Member Wright, seconded by Council Member Butler, the following consent agenda was proposed: a. Oaklawn at Stratford Performance Guarantee/Water and Sewer Extension Permits RESOLUTION 2010-065 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Oaklawn at Stratford, Landbay „C„ b. Changing the Soeed Limit on Fort Evans Road NE RESOLUTION 2010-066 Changing the Speed Limits on Fort Evans Road, NE c. Award of Contract -Battlefield Parkwav (Edwards Ferrv Road to Fort Evans Road RESOLUTION 2010-067 Awarding the Construction Contract for [he Final Phase of the Battlefield Parkway Project from Edwards Ferry Road to Fort Evans Road to Hitt Contracting, Inc., In the Amount of $3,800,930.60 d. Ida Lee Recreation Center Discounts for Volunteer Fire and Rescue Squad Members RESOLUTION 2010-068 Authorizing a Discount off Admission to Ida Lee Park Recreation Center for Active Members of the Leesburg Volunteer Fire Department and Leesburg Volunteer Rescue Squad, and Free Admission to Members Only, While on Duty e. 2010 General Assembly Session Follow-ue RESOLUTION 2010-069 Town Council.Meetino of Lune 22. 2010 Paae 5 Initiating Amendments to the Town Code to Address Changes in State Law Enacted by House Bills 82, 350 and 682 during the 2010 Session of the Virginia General Assembly GA5854 - Chanoes in Fund Balance Pre entation RESOLUTION 2010-070 Implementing Government Accounting Standards Board Statement 54 for Governmental Fund Balances for the Town of Leesburg The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None vote: 7-0 10. Public Hearings a. F-'~.,e-A;arrm=ees POSTPONED Boards and Commissions Aooointment Process The public hearing was opened at 8:04 p.m. Barbara Notar stated most of these amendments are to codify the current practice. She reviewed the proposed changes to the three sections of the Town Code. Council Member Reid expressed concern that paragraph #7 _ could cause confict between two council members. He suggested if the council member does not follow through within 60 days, there would be an advertisement and the applications would go to the council as a whole and the council as a whole would make the appointment instead of accepting a replacement nominee from any council member. Mayor Umstattd stated that even [hough multiple council members could make multiple nominations, the council as a whole would still be choosing which applicant they wanted, which is the current practice. Council Member Reid questioned whether the Deputy Town Attorney could suggest some alternative language that could preclude conflict. Council Member Wright stated with the existing process, the clerk is required to advertise the vacancy and the letters of interest and qualifcations go to the entire council. Council Member Martinez clarifed that the seat is still tied to the council member's term. Council Member Dunn asked for clarification if other council members can nominate someone during the 60 day period. - Mayor Umstattd stated it is her understanding that the 60 days must past before another council member can nominate someone. Town Council Meeting of June 22 2010 Paae 6 Council Member Dunn verified the word "shall" in #6 puts a requirement on the council member to submit a nominee. He questioned what the legal recourse is if a council member does not -- submit a nominee? Ms. Notar stated the advertisement and process would wait 60 days to allow the council member time to make their nomination; however, if the council member notifes the Council that they are not going to nominate anyone, the process can begin more quickly. Council Member Dunn expressed concern that if a council member is required to submit a nominee and they do not submit a nominee, that they will be considered malfeasant or derelict. He questioned the motive behind this requirement. Mayor Umstattd stated she did not feel it would rise to that because the state code does not require the town to have the vast majority of commissions and boards that exist in the town. She stated the Planning Commission is the only state code mandated board. Council Member Butler stated the wording could be changed to "should a vacancy occur, the council member who nominated that individual, nominates a replacement nominee", which would make it similar to paragraph #3. Council Member Dunn questioned what the difference would be between #3 and #6. He also questioned who can vote on a committee, commission, or board. Ms. Notar stated the committee members, but not the liaison. Council Member Dunn stated the committee member is someone who is nominated and appointed to be a member. He stated therefore a quorum is of living, breathing people with the ability to vote. He stated a quorum is not constituted of a slot or a vacancy. Ms. Notar stated a quorum is the members of the commission. She clarified that a quorum will be, at the very least, four, Council Member Dunn stated his understanding is if there is no appointed position, then the commission, if it is made up of four people, a quorum would be three. Mayor Umstattd stated the town attorney and herself disagree with the interpretation. She stated if there are seven slots on a commission and three are vacant, then the other four need to be present for a quorum. Ms. Notar stated this interpretation is based on town and state codes. She stated the town code states there "shall be seven members of the planning commission". There were no members of the public who wished to speak. Town Council Meetino of June 22 2010 Paae 7 The public hearing was closed at 8:20 p.m. On a motion by Council Member Butler, seconded by Council Member Wright, the following was proposed: ORDINANCE 2010-0-015 To Amend Article V, Section 2-193 (Membership), Section 2-194 (Appointment Process), and Section 2-198 (Councilmanic liaison) of the Code of the Town of Leesburg Council Member Butler stated his motion includes all the underlined language with the following changes: a) Change 30 days to 60 days in Paragraph #7 of 2-194. b) Strike paragraph #8 from Section 2-194. c) Delete #8 of 2-194. Council Member Wright suggested a friendly amendment to change paragraph #6 to "Should a vacancy occur, the council member who nominated that individual submits a replacement nominee". Council Member Butler accepted this friendly amendment. Mayor Umstattd asked for clarifcation of Paragraph #4 of 2-198. Council Member Butler stated his motion includes the underlined language. Council Member Wright agreed that his second includes this language. Council Member Butler stated these changes are not intended to make any substantive changes to the practices that have been followed, or the intent of the Council at the time the original language was passed two years ago. He stated the first change merely allows the commissions to meet before the council members make appointments. He stated this clarifies the town attorney's ruling. He stated the changes in Section 2-194 ensure the boards and commissions stay as full as possible and there is no long term vacancy. He stated while it is not required for any council member to accept liaison duties, and it is not required for any board or commission to have a council liaison, the feeling is that if you accept those duties, the town could anticipate attendance at at least half the meetings. He stated he is certain that was the intention of council two years ago. Council Member Reid offered an amendment to strike paragraph #4 completely. Council Member Dunn seconded the motion. Council Member Reid stated there is a conflict with this because it says the Council may make a liaison. He stated this is counterproductive and may discourage council members from volunteering. He stated the reason the requirement for liaison attendance was struck two years ago was because the media were making mischief about a member's attendance. He stated a broader discussion needs to be had with the boards and commissions before this is done. He noted Airport Chairperson Boykin's email dealing with lack of attendance by board and commission members had great ideas. Town Council Meeting of June 22 2010 Paoe A Council Member Wright noted that Council Member Reid's motion deletes the part that says attendance is not mandatory. He suggested only deleting the part that is underlined. Council Member Reid corrected his amendment and Council Member Dunn accepted the correction. Council Member Dunn made a motion to divide the question into three separate parts. Mayor Umstattd stated Council Member Reid's amendment related to Section 2-198 would need to be dealt with first. Vice Mayor Hammler stated she shares the sentiment of several council members that the role of the liaison is important because it facilitates communication. She stated it is important to show council's commitment to being a resource as well as reporting back to Council. She stated it might help to replace the underlined text with "but it would be appreciated that if one cannot attend, that you would find a replacement". She stated in doing this, the minutes could simply record that a council member liaison was in attendance. Council Member Reid withdrew his amendment because he stated he felt this is a brilliant idea. He suggested going one step further and by making it required that the council member ask for a back up. Mayor Umstattd stated she rules that the sections are easily separable. Council Member Butler moved the third section, 2-198. Council Member Wright seconded the motion. Council Member Butler made a change in the underline language [o "but attendance at 50% or more of the meetings by a council member is expected". Vice Mayor Hammler stated that is not the sentiment she is trying to express. She stated by putting it in a positive light, not a punitive light, you will fnd 100% attendance at all times by a council member liaison. Council Member Butler stated he is concerned about a council member who volunteers to be a council liaison and then never shows up to a meeting or asks anyone else. He stated using the word ~~appreciated" is not strong enough. He stated a certain level of performance is expected. Vice Mayor Hammler stated Council Member Butler makes a good point. She suggested a second sentence that would state council can intervene and replace the liaison if there is no liaison present at three meetings in a row. She made a friendly amendment to change the language "but attendance at 50% or more of the meetings is expected", to "but if the primary council member liaison cannot attend the meeting, it is required that the council member liaison find a substitute replacement. The minutes of each board or commission Town Coun it Meetino of June 22 2010 Paoe 9 meeting will reflect whether a council member liaison was in attendance". Mayor Umstattd stated she does not feel it can be required for a councilmanic liaison to be required to find a substitute. She stated it can be required to "ask" or "encouraged to find" a substitute. Vice Mayor Hammler rephrased her friendly amendment - "but if the primary council member liaison cannot attend the meeting, it is encouraged that he or she find a replacement. If the council member liaison is not in attendance for three meetings, Council will take action to replace the primary liaison". Council Member Butler stated this is overcomplicating something that is simple. He suggested "but if a councilmanic liaison is unable to attend a board or commission meeting, it is expected that the councilmanic liaison will use best efforts to find a substitute council member to attend in his or her stead." Council Member Wright agreed to this amendment. Council Member Reid suggested appointing back ups at the organizational meeting on July 1. Vice Mayor Hammler questioned whether the goal is to have a council member present at as many meetings as possible, or of pinpointing whether a particular council member is in attendance. Council Member Butler stated attendance should reflect who attended the meeting. Council Member Dunn stated this is now putting the expectation on two council members. He stated the current paragraph #3 would be enough. He suggested that a liaison could get a proxy, but the liaison would get the credit. Council Member Wright stated there is nothing in the section that requires attendance to be reported; it is handled more administratively. Mayor Umstattd stated clerks have an ethical duty to accurately reflect that happened at a meeting in the minutes. She stated she does not want to get into requiring that a clerk cannot put the names of the attendees in the minutes. The motion to approve Section 2-198 was approved as follows: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Council Member Butler made a motion to approve Section 2- - 194, which was seconded by Council Member Martinez. Council Town Council Meeting of June 22 2010 Paae 10 Member Butler verified that the length of time is 60 days and paragraph #8 has been deleted. Council Member Dunn requested confirmation of the wording on paragraph #6. Council Member Butler clarified that paragraph #6 will read: "Should a vacancy occur, the council member who nominated that individual submits a replacement nominee". Council Member Martinez agreed. Council Member Dunn stated his concern with the intent that was originally given for paragraph #8. He stated it was stated it is redundant with paragraph #7. He stated it allows the majority to vote down any council members nominees and then go ahead and submit their nominee of choice. He stated he understands addressing vacancies in non-election years, but he is still concerned about the whole concept of appointees happening by majority rule, which can take out the minority's rights. Council Member Reid stated he is concerned about the 60 days. He stated it is not always easy to find appointees. He expressed concern that there will be a situation where two or more council members may try to compete to nominate someone of their choice. He stated he cannot support this. He urged Council to defeat this and ensure that commissions are staffed by working diplomatically with a council member who has not made a nomination. He stated his concern for political mischief. Council Member Wright stated paragraph #8 created the possibility of political mischief, but now step one for a vacancy is to advertise, and the council member who nominated the previous person, nominates the replacement and if after 60 days, they cannot, the rest of council can help. He stated this gives everyone a fair opportunity to work diligently to fll a position. Council Member Dunn stated that while Council can claim they are working towards preventing mischief, it allows for mischief. He stated changing the word "vacancy" to "nominee" show diligence of a council member towards nominating a nominee. He stated they cannot help if Council continues to vote against their nominees, but at least the council member is showing an effort to get a nominee to fill that vacancy. He noted what could happen with this proposed language is that council can continually vote against nominees that are brought forth by a council member, thus allowing for a vacancy after 60 days. He reiterated his concern over the intent and someone trying to take advantage by using this vacancy issue. He made a motion to replace paragraph #7 with "A council member should nominate a replacement board, commission or committee member within 60 days. " The motion was seconded by Vice Mayor Hammier who stated she felt this was straightforward. She stated it goes without saying that any council member can provide suggestions unless council wants Town Council Meeting of June 22 2010 Paoe 11 to change the entire nomination process and have everyone nominate all together. --- Council Member Butler stated the council is getting bamboozled because the intent is to ensure that boards and commissions are fully staffed. He stated previously and even with the new wording, one council member alone can decide to keep a vacancy alive on a board or commission. He stated they can usurp the process by nominating people that they know would be rejected every 59 days thus ensuring the vacancy continues to exist. He stated the problem that Council Member Dunn envisions with paragraph #7 is that a majority of council will decide who will sit on a board or commission. He stated that given the choice between those two potential scenarios occurring, he would rather have a majority of council determine who sits on a board or commission and that the boards and commissions remain full than having the chance of one council member continuing to exploit a loophole. He noted that council, in general, has never had an issue with being unfair and a very small number of nominees have ever been rejected. Council Member Dunn argued that the languages includes "a council member should nominate a replacement within 60 days", which means the vacancy would continue to exist if council chooses not to seat the nominee, it is up to council. Vice Mayor Hammier stated her agreement with Council Member Butler, but stated she does not think the wording achieves it. Council Member Butler provided Council with a quick background on paragraph #8. He stated it was added by the town attorney because she felt it was needed to close a loop hole. He stated it was discussed last week after Council Member Reid objected to the language by correctly stating paragraph #8 would open up the nomination process to abuse by the majority. He stated he agreed with Council Member Reid and discussed it with the town attorney who also agreed which is why he recommended paragraph #8 be struck. Vice Mayor Hammier stated she mis-read the paragraph. Mayor Umstattd called for the vote on the amendment, which failed by the following vote: Aye: Dunn and Reid Nay: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Vote: 2-5 Council Member Dunn called for a point of order. He stated it has been the practice that the person making the motion has the last word and he was not given the last word in this case. Mayor Umstattd clarified that procedure is only applied to the primary motion. The primary motion was approved by the following vote: Aye: Butler, Hammier, Martinez, Wright, and Mayor Umstattd Town Council Meetino of June 22 2010 Paae 12 Nay: Dunn and Reid Vote: 5-2 Council Member Wright made a motion to approve Section 2- 193 (Membership) as presented. The motion was seconded by Council Member Butler. Council Member Wright stated this basically reflects the town's current practice. Council Member Reid stated this is definitely a housekeeping item. He noted that an email earlier in the day from Airport Chairperson Boykin contained comments that were correct. He expressed the hope that Council could discuss those ideas in the future which would help get good commissioners and making sure they attend the meetings. Council Member Dunn stated this is not the common practice contrary to popular belief. He stated to continue having commission members continue on in their positions beyond their council member, who has exited office, is usurping the will of the people on the commission level and is improper. The motion was approved by the following vote: Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 c. General Fund Suo2emental Aoorooriation Mr. Wells stated that approval does not change any expenditures for the town, simply aligns the budget with the expenditures and takes into account the significant snowstorms that were experienced earlier in the year. Council Member Wright asked for clarification on the Parks and Recreation expense. He stated the expense was more than covered by revenue, but the expenditure has to be acknowledged. Mr. Wells stated this is standard accounting practice in local government. He stated the revenues and expenditures for the program exceeded what were estimated in the budget with the expenditures being offset by revenues. He stated to reflect that appropriately in the budget, the budget has to be amended upwards for both revenues and expenditures. Council Member Wright questioned whether there was any federal or state information on relief funding for the snowstorms. Mr. Wells stated the snow team met today with FEMA representatives and the FEMA team is in Leesburg working with local governments on the submissions for reimbursement of costs. He stated he is not optimistic that the town will get all of the money back, but may get a good portion back. Town Council Meetino of )une 22, 2010 Paae 13 There were no citizens wishing to speak. On a motion by Council Member Wright, seconded by Vice Mayor Hammler, the following was proposed: RESOLUTION 2010-071 Approving a $600,000 Supplemental Appropriation to the General Fund Operating Budget for Unbudgeted Expenditures Related to the Town Response to the December and February Snowstorms and the Parks and Recreation Budget to Provide Additional Services in Response to Citizen Demand The motion was approved by the following vote Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 11. ORDINANCES a. None 12. RESOLUTIONS a. Capital Asset Replacement Reserve On a motion by Council Member Wright, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2010-072 Establishing a Capital Asset Replacement Reserve Council Member Reid suggested a change to the "Therefore, Resolved" to say "renovation, repair, and capital assets as determined by the Town Manager and Council", Council Members Wright and Martinez accepted that as a friendly amendment. Council Member Reid questioned whether the AV improvements to the Council Chambers would come out of PEG fees. Mr. Wells stated the PEG fees would be transferred to this fund for use on that project. The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6-1 b. TIGER II Discretionary Grant Application DEFERRED c. Linden Hill/South Kinp Street Design DEFERRED 13. UNFINISNED BUSINESS a. None Town Council Meetino of ]une 22 2010 Paoe 14 14. NEW BUSINESS a. Board of Architectural Review Windows and Rehabilitation Work Shoo On a motion by Council Member Martinez, seconded by Council Member -- Dunn, the following was proposed: RESOLUTION 2010-073 Approving the Transfer of $3,500 Budgeted in the Town Council's FY2010 Adopted Operating Budget for a Project Initiative Submitted by the Board of Architectural Review Council Member Butler stated he will be reluctantly supporting this, not because of the amount, but because staff cannot itemize the expense the way he asked. He expressed his disappointment that he did not get an itemization and noted the information provided was very nebulous and the amount was chosen because that was how much was left in the account. He stated he does not run his household that way, his company does not run that way and the town generally does not run that way. He stated he expects that future requests will contain better itemization of how the money will be spent. Council Member Reid stated it was his understanding that the resolution would ask for sponsorships. He suggested a friendly amendment to add the following text: ....submitted by the Board of Architectural Review "provided the BAR raises half the funds from private sponsors and/or entrance fees". Council Member Martinez did not accept that as a friendly amendment He stated he would encourage the BAR to seek sponsorship to help offset the fees, but would not require it. Council Member Reid offered this as an amendment and it was seconded by Vice Mayor Hammler. Council Member Wright stated the discussion from last night included an intent that the expenditure would be "not to exceed". Vice Mayor Hammler stated this is a type of workshop that will be in demand, but the changes as suggested at the work session are not reflected in the resolution brought forth tonight. Council Member Reid expressed his concern about setting a precedent of allowing groups to come before Council looking for money without even considering looking for private funds. He stated there have been cases in the past where there were sponsors and the Council needs to encourage the commissions to look for alternative funding. Council Member Dunn stated the Council set a dollar amount for the commissions of how much Council is willing to budget for them and it is up to Council to set the guidelines, which it has not done. He stated the BAR has met the guidelines that have been set and now Council is trying to change the rules of the game. He noted if the Council wants to require itemization or matching funds, then that should be stated at the beginning of the budget year. The vote on the amendment to the main resolution was disapproved by the following vote: Town Council Meeting of June 22. 2010 Paae 15 Aye: Reid, Hammler and Mayor Umstattd Nay: Butler, Wright, Martinez, and Dunn Vote: 3-4 Council Member Wright made a friendly amendment that the Therefore, Resolved approves the transfer not to exceed $3,500 from the FY2010 adopted budget. Council Member Martinez accepted the amendment as friendly. Council Member Dunn accepted the amendment, but stated he did not see the necessity of the amendment. He questioned whether this is the left over amount? Mr. Wells stated he cannot speak to the amount, but believes there will still be a small balance left. Vice Mayor Hammler stated she would appreciate a report back on the number of attendees. Mayor Umstattd stated in the original staff memo there was discussion regarding a fee to attend and there was some discussion last night. She stated she felt that Council Member Butler's concerns were compelling and she is leaning towards voting against this on many of the concerns that he noted. She stated she does not have hard evidence that the public demands this type of work shop. She stated she has a statement that implies that some members of the public feel they would beneft from this. She stated that BAR Chairperson Meyers proposal that it not go forward unless there is a guaranteed number in attendance. She agreed with Council Member Dunn that the rules should not be changed halfway through the process, but the Council's obligation is to the taxpayers. She stated she is not convinced that enough questions have been answered. Council Member Butler stated he voted against the amendment because he agreed with Council Member Dunn in that the Council cannot be too prescriptive, but itemizing things is a practice that should be standard. He expressed his reluctant support for this because he trusts the BAR chairperson. He warned boards and commissions not to ask for funding if it is not itemized with reasonable specificity and information about how many people have already signed up and what will be provided. He expressed concern that the BAR will spend $3,500 without any assurance of attendees. Council Member Dunn stated these are all valid concerns and he likes to scrutinize every dollar Council spends; however, the guidelines for grant requests need to be set up if Council wants to require these things. Vice Mayor Hammler stated that Chairperson Meyer is her nominee and she has every respect for him. She stated there has been a pattern from the beginning with this particular request and Council still does not have all the information that they need. She stated she will reluctantly not support this because she does not feel there is strong demand from the citizens. The main resolution was accepted by the following vote: Aye: Butler, Wright, Martinez, and Dunn Town Council Meeting of June 22 2010 Paoe 16 Nay: Hammier and Mayor Umstattd Vote: 4-2-1 (Reid abstaining) b. Authorizing the Service of Alcoholic Beverages on Town Green On a motion by Council Member Butler, seconded by Council Member Reid, the following was proposed: RESOLUTION 2010-074 Authorizing the Serving of Alcohol on Town Green by Adjacent Businesses Council Member Wright stated the draft resolution does not speak to initiating amendments to the Town Code. Council Member Dunn made a motion to postpone until the nett regular session. The motion was seconded by Council Member Wright. Council Member Butler stated part of this issue is focused on Acoustic on the Green and the summer months. He stated by waiting another three weeks, it takes out another three weeks that the business will not be able to use. He expressed his desire to allow staff to submit an amended draft resolution. Council Member Reid suggested taking this up at the July 1 special meeting. Mr. Wells stated the resolution initiating the ordinance, but the concern raised last night can be handled through the Memorandum of Understanding. He questioned whether there are any other issues. Council Member Dunn questioned whether the issue can be heard on July 1. He stated this would give staff more time to work on the resolution. The motion to postpone failed by the following vote: Aye: Dunn, Reid, and Wright Nay: Butler, Martinez, Hammier, and Mayor Umstattd Vote: 4-3 John Wells stated a whereas has been added and the therefore resolved section has been amended to include the necessary language to initiate the amendment. He stated the memorandum of understanding will be in a form acceptable to the Town Council, which means it will come back to Council. Council Members Butler and Reid accepted this as a friendly amendment. Council Member Wright stated he will not be supporting this because of his personal concerns that the town does not need to get into this type of business. He expressed his preference that Acoustic on the Green performance nights be blackout dates. He stated he appreciates that the Council will have further input on the Memorandum of Agreement. He stated he still has not reconciled whether the town is being fair to other businesses by allowing this business to use town property. Town Council Meeting of June 22 2010 Paae 17 Council Member Dunn agreed with Council Member Wright. He stated he does not feel it is the business of the town here or at Ida Lee. He stated this is just another step in the journey of expanding alcohol into other areas of town. He stated this opens the town to safety issues. Council Member Butler stated the town is not getting into the business of selling alcohol but is allowing a businessman who currently serves food on town property to serve a full menu. He stated the MOU will have more details and it is possible with the downtown improvements that other businesses will desire the same thing. He stated the one year limit will give the town time to see if this works. The motion was approved on the following vote: Aye: Butler, Reid, Hammier and Mayor Umstattd Nay: Dunn, Martinez and Wright Vote: 4-3 16. COUNCIL COMMENTS Council Member Reid thanked the Peters' family for attending and joked that Eagle Scout Peters will stick with public service despite the wordsmithing at tonight's meeting. He expressed that Airport Chairperson Boykin's ideas are very good and it was his hope that there could be input from commissions dealing with the problem of enforcing the three meeting attendance rule and finding people who are willing to work. He stated there are some that take these positions and do not show up and fully participate while others who are doing all [he work. He noted that Chairperson Boykin's idea that the chairs have some input on the attendance issue is a good one. He stated the issue that was addressed tonight has to do with the Commission on Public Art, which had to cancel four meetings due to a lack of a quorum. He suggested a discussion on where this commission is headed and how to do things better. He stated the Tree Commission just did a wondertul tree planting at Catoctin Elementary School, which he attended with the Mayor, Council Member Butler, and several members of the Tree Commission and this has been done for years. He noted that there are several school sites that have been ranked by the Watershed Committee of having a serious need for trees which is an opportunity for the Tree Commission to spearhead this project. He thanked David Drupa for taking the lead on this at Catoctin. Council Member Reid stated he attended the ribbon cutting on June 21 with Delegate May and Supervisor Burk for the Loudoun Express Bus Service. He stated he has been asking the county transportation services dept for this for more than four years because he felt there was a need for express bus service to Tyson's and even to Reston. He noted the Board of Supervisors has not shown much leadership in expanding the Loudoun County commuter buses. He stated they got money from the Dulles Rail project to provide two buses, which created the Tyson's Express that hits all the major monetary savings over the Dulles Greenway. He noted there is also Wi- Fi on the buses so riders can connect to the Internet. He stated this Saturday Congregation Sha'are Shalom will be unveiling a plaque in remembrance of the retail pioneers of Leesburg; the three Jewish families that moved to Leesburg making it a Judao-Christian community -the Meyers, RaFlos, and Whites. He recommended the article by Eugene Scheel in the Washington Post. Council Member Butler stated the Tree Commission is interested in Town Council Meetino of June 22 2010 Paae 18 institutionalizing the tree plantings as their vision is to have a tree planted every year at all the Leesburg schools. He expressed his appreciation to David Drupa, who was very instrumental in getting it done this year. He stated he visited the Symington Pool, which is a wonderful place. He stated Acoustic on the Green was wonderful this Saturday. He expressed his regrets that he would be unable to attend the Fourth of July events at Ida Lee as he would be visiting family. He wished everyone a great Fourth of July. Council Member Butler stated he loves the removal of the pinch point on Sycolin Road which makes traffic move much better. He stated he appreciates the increase in speed limit on Fort Evans Road and looks forward to suggestions for speed limits on other roads. Council Member Wright stated he visited the Symington Pool and is looking forward to the Fourth of July celebration and the Swearing In ceremony. He stated the Western Loudoun Relay for Life event at Heritage High School was very good with the current balance raised about $192,000 for the American Cancer Society. He noted that individuals and teams are still accepting donations through the end of August. He stated he hopes the goal of $200,000 will be met. He noted the Government Steps team is just under $6,000 which is over the team goal of $5,000. He thanked everyone for their support. He stated he attended the Heritage High School and Loudoun County graduations and congratulated all the graduates. He addressed the former Tavistock sales building and encouraged staff to get the response out as to what staff can do and what the process is so that the community understands what is being done. Council Member Martinez stated a resident was talking to Kelly Burk about how Edwards Ferry Road is a historic access road. He stated the resident would like to get a historic designation for that road which will have to be done in conjunction with the Board of Supervisors. He stated Renee La Follette and Carrie Curry walked over 20 miles for Relay for Life. He thanked Mr. Wells for walking with him. He congratulated all the seniors that have graduated. He stated he attended the School Board meeting because they were honoring Peter Fulcer for his service, which was a nice event. He stated he agrees with Council Member Reid on Chairperson Boykin's comments. He stated he asked the Town Manager to set up a meeting with the chairs of the other committees to come up with some ideas. Vice Mavor Hammier thanked Council Member Reid for his comments regarding the rapid bus service and thanked him for all his hard work to make that happen. She stated she is looking forward to a partnership with the County with regards to the improvements on Sycolin that were discussed at Monday night's meeting noting that the Board of Supervisors will need to take the lead on that issue. She thanked staff and everyone that came out for the Southwest Connector Trail input session on June 14. She stated she appreciated all the thoughts and opinions that were expressed. She congratulated all the town's graduates. Council Member Dunn wished everyone a happy Fourth of July, which is an important holiday and one that everyone should value. He stated some of Town Council Meeting of June 22 2010 pane 19 the comments that have been made at Council by council members are completely inappropriate including being told to shut up, that ideas are stupid, and tonight because a motion is being made that wasn't agreed with, calling --- that council member one that would "bamboozle" council. He stated this is highly offensive, akin to thievery and inappropriate. He stated the process of bringing this to the town attorney and using a loophole in the guidelines to get it to this point is inappropriate and was brought to council out of order. He stated the meetings were run not following the normal rules nor were they following Roberts Rules. He stated his feeling that this was for political reasons and these changes do nothing to fundamentally change anything but give a few members the feeling they got the upper hand over one council member or another. He stated the target of these motions was himself and his dealings with the art commission. He stated he made efforts to find someone for the art commission and asked people with the Loudoun School of Ballet and the Loudoun Arts Council. He stated he was hesitant to appoint anyone to the Arts Commission because his first meeting was completely by accident because he thought he was going to the EDC meeting. He stated there was great angst in that meeting and he determined he would not subject an unsuspecting commissioner into that miz until things got corrected. He stated these changes were for isolated incidents, one commissioner out of 77 that was not appointed, to a commission that had other council members who did not appoint someone for a length of time. He noted that commission has had more meetings cancelled than any other commission, more non-quorums, and more staff liaisons which he has been told by a staff member is because of the ill feelings on that commission. He stated that commission has had more commissioners leaving that commission than any other. He stated rushing to make political changes to guidelines that have no substantive change other __ than to give someone the feeling that they got a political advantage over someone else, the council really needs to look at the real issues that the commissions have. He stated his attendance at meetings is under the current guidelines. He stated his attendance is not the worst and stated the sponsor of the rules actually had worse attendance. He stated he had to make a decision because he has to work four different jobs to provide for his family. He stated he had to chose going to optional meetings or going on appointments that would provide income for his family. He stated if attendance were required, he would have made the effort to attend. He pointed out other than being late, or leaving some meetings early, only Council Member Butler and himself have been to every Council meeting. He stated it would be more important to consider attendance at Council meetings than liaison meetings. He stated this was presented as a way of saying that he did not appreciate the arts. He stated he encourages art and his children take art. He stated he encourages them to take additional music lessons, his daughter was in Loudoun County Ballet for 12 years and other ballet schools for two years prior to that. He stated he has art throughout his house and he had art in his office. He stated he took his children to the National Art Museum and would be as likely to go an art museum as a history or the Air and Space museum. He stated he builds and paints models with his son. He stated he tried to teach himself bass guitar, fve string banjo, harmonica, tin whistle, fife, and the bones. He stated he purchased a piano for his children so they could learn and his wife takes art and craft classes and painting and quilting. He stated he has attended plays and concerts and listens to the Beatles, Johnny Cash, the Clash and Green Day. He stated he sub rented his office -- space to the Loudoun Arts Council and supported them where he could and even checks the Ovation Channel on television as well as the History Channel. Town Council Meeting of June 22. 2010 Paae 20 He stated as a youth, he envisioned creating a cartoon strip. He stated he supports the Arts Commission and art but does not support people taking people's tax dollars and using that for art because that is up to everyone's individual choice. 16. MAYOR'S COMMENTS Mayor Umstattd expressed her appreciation to Council Member Wright and his family for walking in Relay for Life through the pouring rain. She noted that Council Member Martinez and Supervisor Burk were both at Relay for Life and the Haute Papier ribbon cutting which does very nice work. She thanked Vice Mayor Hammier for handling the last regular council meeting as the Simpson Guitar Recital and her daughter's solo were very nice. She congratulated Grand Master Choi on his new facility on Cardinal Park Drive, which she stated may be the largest Tae Kwon Do school in the United States, possibly in the world. She noted it is in the old Lowe's building and is a really stellar space. She congratulated the Open Arms Day Care on South King Street on their expanded daycare and church. She stated the Catoctin Elementary tree planting was wonderful. Mayor Umstattd thanked the Board of Supervisors for their very courteous treatment of town representatives at their Land Use Committee meeting. She stated they were very gracious in the town's request for funding for improvements along Sycolin Road at Tavistock, Miller Drive and the airport as Phil Bolen Park opens and generates signifcant traffic along Sycolin Road. She noted the County is as cash strapped as all the other jurisdictions. She thanked those who attended the Southwest Connector Trail meeting and it was a very interesting evening. She stated that Chelsea Lee played at the Acoustic on the Green and did a wonderful job. She thanked Stilson Greene for continuing to bring in superb talent for that series. She _ _ thanked Mr. Wells, Tara Belote and Scott Parker for participating in Law Camp this week. She stated that Supervisor Burk called to let her know that the Board of Supervisors has unanimously supported all the town's requests for inclusion of projects in the county's transportation plan. She stated she appreciates their support. 17. MANAGER'S COMMENTS Mr. Wells had no comments. 18. CLOSED SESSION a. None. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 10:12 p. m. i ~ ~~ ns en C. mstattd, Mayor Town of Leesburg ^ 1 i 9 Clerk of Co cil 2010_tcmin0622