Loading...
HomeMy Public PortalAbout2010_tcmin0914COiJNCIL MEETING September 14, 2010 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding Cooncil Members Present: Thomas Dunn, II, David Butler, Katie Sheldon Hammier, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd. Council Members Absent: None Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Public Works Director Tom Mason, Information Technology Director Wendy Wickens, Deputy Director of Parks and Recreation Kate Trask, Drector of Finance Norm Butts, Deputy Town Attomey Bazbara Notar and Clerk of Council Lee Ann Green 1. CALL TO ORDER 2. INVOCATION was lead by Council Member Reid 3. SALUTE TO THE FLAG was lead by Council Member Martinez 4. ROLL CALL showing all present. 5. MINUTES a. Work Session Minntes of August 9, 2010 On a motion by Council Member Martinez, seconded by Council Member Butler, the work session minutes were passed 7-0. b. Regolar Session Minutes of August 10, 2010 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 7-0. 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Mayor Umstattd made a motion to adopt the meeting agenda as presented after moving Items 12b and 12a after approval of the Consent Agenda. The motion was seconded by Council Member Martinez. The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 7. PRESENTATIONS _ a. Resolution of Appreciation -Law Camp I i° ,_ COUNCIL MEETING September 14, 2010 On a motion by Council Member Martinez, seconded by Counci] Member Butler, the following Resolution of Appreciation was approved: RESOLUTION OF APPRECIATION Recognizing the 10`h Year of Law Camp, the Organizers and the Participants WHEREAS, "Leadership in the Law" or, as it has become affectionately labeled, "Law Camp" celebrated its 10'" year of introducing high school seniors to a program that develops critical thinking, team building, and an appreciation for the law; and WHEREAS, each yeaz twenty-four high school seniors are challenged intellectually, socially, and physically as they team first- hand about the legal system; and WHEREAS, student legal teams take on the rolls of legal professionals as they receive a case outline, study the facts, visit the crime scene, interview wimesses and experts, analyze evidence, develop exhibits and prepare wimesses and experts for trial; and WHEREAS, the program culminates in a mockjury trial, in which students assume the roles of lawyers; and WHEREAS, the campers learn valuable skills from experienced practitioners through instruction and hands-on demonstrations; and WIIEREAS, the Leadership in the Law Summer Camp was created by the Loudoun County Bar Association; and WHEREAS, Judge Thomas D. Home, lawyers, law clerks and other professionals have dedicated countless hours to the preparation and completion of Law Camp. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia and all citizens of the Town congamlate the organizers, volunteers, graduates, and Judge D. Home for the 10'~ year of Law Camp. PASSED this 14'" day of September, 2010. b. Certificates of Appreciation -Law Camp Participants On a motion by Council Member Martinez, seconded by Council Member Butler, certificates of appreciation were approved for 2~i>:,n COUNCIL MEETING September 14, 2010 organizers and participants of 2010 Leadership in the Law Summer Camp: __ Judge Thomas Home Jeanette Irby Brandon Altamirano Henry Benitez Nicholas Braddock Ellie Burnett Raisha Chowdhury Nico Climaco Cody Donald Brittany Felder Kayla Ferrell Preston Foote Elizabeth Gayheart Sarah Gilmore Jawaid Hamidzada David Hams Creston Irby Annemarie Lord Hanna Metuda Lawen Notar Mackenzie Orr Michael Schwinabart Yasamin Sharifzadeh Tyler Smith Alan Whang Jacob Zent c. Proclamation -National Pa yroll Week On a motion by Council Me mber Martinez, seconded by Council Member Butler, the followi ng was proclaimed: PROCLA MATION National Payroll Week September 6-10, 2010 WHEREAS, the American Payroll Association and its 23,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 156 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, payroll professionals in Leesbwg, Virginia, play a key role in maintaining the economic health of Leesburg, carrying out such diverse tasks as paying into the unemployment inswance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, payroll departments collectively spend more than $16 billion annually complying with myriad federal and state wage and [ax laws; and WHEREAS, payroll professionals play an increasingly important role ensuring the economic security of American families by helping to 3° ~. COUNCIL MEETING September 14, 2010 identify noncustodial parents and making sure they comply with their child support mandates; and WHEREAS, payroll professionals have become increasingly proactive in educating both the business community and the public at lazge about [he payroll tax withholding systems; and WHEREAS, payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with govemment procedures and how compliance can be achieved at less cost to both govemment and business. THEREFORE, the Mayor and CouncIl of the Town of Leesburg in Virginia hereby proclaim the week in which Labor Day falls as National Payroll Week and support the efforu of the people who work in Leesburg and the Payroll profession. PROCLAIMED this 14'" day of September 2010. d. Proclamation -Constitution Week On a motion by Council Member Martinez, seconded by Counci] Member Butler, the following was proclaimed: PROCLAMATION Constitution Week September 17-23. 2010 WHEREAS, September 17, 2010, marks the two hundred twenty-third anniversary of the drafting of the Consdmdon of the United States of America by the Cons[imtional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each yeaz by the President of the United States of America designating September 17 through 23 as Constitution Week, THEREFORE, PROCLAIMED, by the Council of the Town of Leesburg in Virginia the week of September 17 through 23, 2010 as Constitution Week in the Town of Leesburg and further ask our citizens to reaffirm [he ideals of that the Framers of the constitution had in 1787 by vigIlandy protectittg the freedoms guaranteed to us through 4Pagr COUNCIL MEETING September 14, 2010 this guardian of our liberties, remembering that lost rights may never be regained. PROCLAIMED this 14'" day of September 2010. 8. PETTTIONERS The Petitioners section was opened at 7:51 p.m. Father John Mosimann, 101 Oak Crest Manor Drive, NE, thanked Council for their assistance in moving the approvals for the church expansion along. He invited the CouncIl to a ceremonial groundbreaking on October 2, at 2 p.m. with Bishop Loverde. He stated the head of the building committee told him it was a great joy to work with the town staff on this process. Alan Hansen, Director of Architecture at PBI, encouraged the Council to proceed with the downtown improvements project. He stated that following the CivIl War, Leesburg's proximity to Washington speeded its economic recovery. He noted during that era, Leesburg was an agrarian economy, but today is a mix of legal and government offices, specialty shops, professional offices and restaurants. He stated the sidewalks serve a greater function than a five foot wide path. He stated that Kennedy Smith, a nationally renown expert on downtown revitalization, has said that "historic downtowns must make it easy to develop downtown. Risk must be reduced and rewards increased. They must be about public or street theatre, they must be __ quirky and when they are, small industries come back downtown". He stated the proposed downtown improvements must be implemented. Frances Belote, stated with the state of the economy of the entire United States, using tax dollars to pay for the Southwest Connector trail would be the wrong thing to do. She questioned whether this service will be offered to all quadrants of town if they want a bike path. She expressed concern for the church expansion and the safety of the Dominion Academy students and [he bikers. Fabian Saiedi, stated the problem in the downtown is not lack of sidewalks, but is lack of traffic He stated the majority of the downtown business owners are not in favor of widening the sidewalks. He stated lack of parking on the streets wtl] kill all the businesses. He stated everyone will lose. He stated older people come downtown and don't like to park in the parking garage. Don Devine, stated he is thrilled about the major slate of improvements. He stated connectivity is very important and believes that people should be able to walk al] over downtown. He stated the alley needs to be improved. He stated he only attended the last stakeholder's meeting and i[ did not seem like [he King Sneet improvements would go anywhere. He stated the parking garage is full on weekdays and weekends so there is nowhere for shoppers to park. He stated widening the sidewalks on King Street will be the death of the merchants. He stated the - construction, regardless of how it is phased, will tun out all of his tenants on King 5 ~' COUNCIL MEETING September 14, 2010 Street. He stated he cannot understand why they are widening only one side of King Street. He stated the Leesburg is not broken. He stated every single tenant on King Street is against the loss of street parking. Stephanie Weiss-Wood, stated she just opened a retail business on S. King Street. She stated she has no assigned parking and is extremely concerned that her loading and unloading area might be taken away. She stated her customers are telling her that they wiB stop coming if they cannot do it easily. She stated the businesses that are trendy and can be presented to the 25-45 year old age group will be successful. She stated her business is at stake because she cannot operate a business without parking. James Atkins, Box 2044 Middleburg, stated he is the chairman of the Board of the Cherry Blossom Breast Cancer Foundation, which serves the women of Loudoun and Fauquier Counties funding mammogams, treatment, detection technology and education. He stated they partrrer with INOVA Loudoun Hospital, Loudoun Volunteer Caregivers, Loudoun Community Health Center, Breast Cancer Network of Snength and Fauquier Hospital. He stated thew major annual fundraiser is October 10 when they hope to raise $300,000 with 1,000 participants at Morven Park. He stated 80% of the money raised stays in Loudoun and Fauquier Counties. He invited Council to come to Morven Park and represent the Town of Leesburg. Amber Campbell, 422 Lawford Drive, stated in the economic downturn she does not understand the spending of millions of dollars on a bike path that does no[ benefit al] the citizens of Leesburg. She stated if Council does this for one quadrant, they must do it for all quadrants. She stated it is not pendent to spend taxpayers money m this direction. She stated Council listened to the residents of Linden Hill and helped create a solution. She stated that Leesburg does have an image problem of not being business friendly. She stated she cannot understand why Council would consider putting a bike trail in front of a church that has been around 125 years which would compromise their ability [o expand and gow for the future. She reminded Council that they represent the needs of the voters, not the ad hoc committee. Charles Smith, 716 Donaldson Lane, stated he has lived in town for 48 years. He urged Council to cancel the entire Southwest Connector Trail project. He stated it is inappropriate in this environment. He urged Council to use that funding for public safety or lowering taxes. Kim Ritz, 313 Riding TraIl Court, stated she has 400 petitions against the Southwest Connector, Phase I. She stated there will be some improvements, but they will not be as old as the trees that will be lost. She stated as a Leesburg resident, she does not understand fiscally why the town would spend [his much money on the trail. She stated she understands that the School Board is separate from the town government, but the perception is that the money could be better spent. Mary Hope Worley, 312 Evergreen MID Road, SE, summarized her remarks from August by urging the Council to vote no to the plan to take land from the 6Pace COUNCIL MEETING September 14, 2010 Community Church for the purpose of building a bike trail. She stated removing acreage for any purpose will significantly interfere with the plans for growth as envisioned by this church. She stated the church property represents a huge financial investment of many people in the town. She stated the church is heavily used seven days a week starting at 6 a.m. for the early program at Dominion Academy. She stated recently the church has increased leadership m hosting seminars and Dominion Academy easily generates 600 vehicles crossing the proposed bike trail daily. She stated inconsideration for the safety and security of the church and the safety of the residents who would use the bike traB, she urged Council to vote no. Stanle~Caulkins, 102 Morven Park Road, SW, stated his father came here in 1937 as a Baptist preacher. He stated the audio system is working for the first time in years. He requested the Southwest Connector Trail be removed from the Capital Projects program. He stated that sight distances at the corner of Lee Avenue and Dry Mill Road is too short. He stated making a safe crossing is impossible. He stated the Bade from the church property to the country club is too steep for the bridge. He noted there is no curb and gutter on the Lutheran Church property. He also stated the town has an easement on the Rodgers property and questions why another easement is needed. Max Peterson, stated he has some experience locating trails. He stated one of the fast things you look at is where you mix trails and traffic. He stated the church has three driveways that [he path wIll have to cross, which is a dangerous situation. He stated another problem is the path will be a route to the high school. Ken Parks, comer of Lee Avenue and Dry Mill Road, stated he is also speaking for Betty Phillips, who lives across the street. He commented that this is too much money for too litfle benefit for too few people. He stated there are many better uses for the money with more benefit for a larger number of citizens of Leesburg. He recommended citizens of the town attend Council work session meetings because they will be impressed by the difficulty of a Council Member's job and how hard [hey work. Kristen Kalina, Hamilton, Virginia, stated she represents the 300+ parents of Dominion Academy students, which is located at Leesburg Community Church. She reiterated the Academy's firm opposition to the Southwest Connector trail as it passes through Dominion Academy and Leesburg Community Church property. She stated this proposed trail crosses through Dominion Academy's only sports playing field and threatens to interrupt the morning and afternoon carpool and aeate a dangerous simation for everyone involved. Further, she added it invites strangers on to elementary school property. She stated the parents, who are taxpayers and voters, are concerned about the number of problems that will be created by this situation and urged Council to vote to remove this from the town's CIP. Kevin Murrav, stated he is an engineer who has worked with Leesburg Baptist Church over the last decade to help them develop their plans for their property. He 7 I ~ :, ., COUNCIL MEETING September 14, 2010 stated the constituents ask Council to make wise choices and be fiscally responsible. He stated the time is not right for this bike trail. __ Kent Ballard, thanked Council for their time and effort evaluating this Connector Trail. He stated he lives in Waterford and has been a member of Leesburg Baptist Church for over 10 years. He stated he has been on the Board at Dominion Academy for the past two years and served as the architect for the church expansion. He noted that plans for the expansion of Dominion Academy have had to change because the Wage Drive storm drainage easement took away valuable land. He stated the driveway entrances to the church property will have to be crossed by the trail and will set up a potential accident problem. Alan Stansford, 314 Riding Trail Court, stated he is the senior pastor of Leesburg Community Church. He thanked the Council for hearing the church's concerns. He stated the church is unanimous in the feeling that the three easements will make it impossible to do the things that the church plans to do. Further, he added that peak usage times for the trail are also peak usage times for the church. Bill Hudsueth, 605 Hillview Place, SW, discussed the benefit of prayer in schools. He stated Dominion Academy is able to educate students for a third of what it costs public schools to educate a child. He stated this is the wrong project at the wrong place at the wrong time. Dennis Matheson, 512 Fortress Circle, SE, stated he is a member of Leesburg Community church and currently serves as the Chairman of the Board of the church. He thanked staff for working with them to look at altematives. He stated the church is not here to propose alternatives because they do not feel it would be right to put it on someone else's property. He stated the church is opposed to the project as a church. He stated even staff is very amazed at the amount of traffic on Lee Avenue and Davis Drive in the afremoon. He questioned whether the timing is right from an economic standpoint. He stated a better use of funds would be to look at ways to bring in new business. Timothy Schott, 703 Country Club Drive, SW, stated the town has done a poor job of keeping residents informed about this project. He stated the town's project web page is out of date as the most recent update mentions the June 14 Community Input Meeting but a summary is not posted. He stated this is nothing new and cited the example of the Wage Drive project. He stated it should not be necessary for residents to send emails or make phone calls to get basic information on what is happening with town projects. He stated the South King Street traIl is not a safe substitute for the Southwest Connector Trail. He stated that safety should come fast and southwest residents deserve a pedestrian overpass across the bypass at some location in the southwest, which was a key conclusion from the hard work done by the TraIls Task Force. He encouraged the Council to proceed with the Southwest Connector or continue work towards another location for a pedestrian bridge over the bypass. He stated that residents of southwest Leesburg have been without a safe 8~~., COiTNCIL MEETING September 14, 2010 pedestrian connection to the downtown since the bypass divided the town 38 years ago. _ Brenda Gill, 593 Edmonton Terrace, stated this is the wrong project at the wrong time and wrong price. She requested that al] phases be removed from the CIP. She stated the minutes are not recorded correctly for the June 14 meeting at the high school. She stated her concern that some of the statements were not true, including that all speakers at the meeting felt that Phase I should be built. She corrected her comments by saying in this economy people cannot have everything that they want and must look at what they absolutely have to have versus what you want to have. She stated this is a want to have project. Further she stated that her experience is that bike traIls do not increase traffic calming. She stated her main concerns are price, the economy and the number of people who would be served by the trail. She stated she does not support any portion of this project. Dina Gallahan, stated she heard a comment at the work session that some people feel they are not getting anything for their tax dollars, especially if the bike trail is not built. She stated she used to feel that way too. She stated her children are grown and she does not need the public schools anymore, but she still supports them. She stated she only wants to fly her kite at Ida Lee, but she isn't allowed to do it on a soccer field. She stated the bike trail would not get her to any of her activities, but she still feels fortunate to live where she does. Further, she stated the more money the town collects, the more it spends. She reiterated the position of the Board of Country Club Green that the project has a lot of safety hazards and the money could be better spent. Dorothy Barker, stated she has nothing against bike riders and loves the bike trail. She stated she lives on Valley View Avenue in Prospect Hills and can see people on the bike trail continue without stopping at the stop sign. She stated she is totally against the bike trail in front of the church for safety purposes. She stated she lost her father riding a bike. Scott Lizan stated he has 23 years of fire and rescue experience and reiterated the dangers of mixing pedestrian/bicycle and vehicular traffic. He stated his opposition for all the reasons that have been listed. He stated a CIP project from 2001 to improve Dry Mill Road was cut in 2008-09. He requested the funds be reallocated to improve the sidewalks, curbs and drainage on Dry Mill Road. Francis Vitt, stated he represents Samuel H. Rogers, Jr., 440 Dry Mill Road. He stated Mr. Rogers and his wife bought the property in 1953 and have had a horse farm there for 57 years. He stated they have been good neighbors and good members of the community. He agreed with the things [hat were said about notice. He stated it would be easier for everyone if they had notice of what was happening prior to just a few days ago. He stated there will be an adverse effect on the community between Dry Mi11 Road, Davis and Lee Avenue. He requested Council give up this project. 9I~:~ COL7NCIL MEETING September 14, 2010 Mike Sierra, 908 Chancellor Sneet, stated he ran across notice of this meeting in the Leesburg Today. He stated he has an interest in the Southwest Connector Trail, but his portion is not part of the discussion this evening as Phase III was set aside during the work session. He stated the concerns of his fellow townspeople have been very illuminating to him. He stated 10 years ago, there was a moment to have a connector trail out of his neighborhood. He stated this was a point of contention so a consensus was built which brings us here tonight. He stated he would like to have a voice for those in the southwest quadrant as altematives are sought. Dee Dunn, 26 South King Street, stated she is a business tenant. She reviewed several downtown improvement projects in other localities that did not effect the desired change. She stated in this economic situation healthy businesses cannot sustain long periods without foot traffic or drive by advertising. She stated to take out parking for the sake of a few restaurants does not serve the whole. She suggested installing speed bumps, taking out the alley and planting trees. Paul Reimers, 217 Cornwall Street, NW, stated he is in support of the downtown improvements. He takes issue with anyone who says this project has not been well advertised. He stated those people have not been paying attention. He stated there cannot always be parking in front of everywhere people want to go and this is an unreasonable expectation for a thriving downtown. He stated he never has difficulty finding pazking downtown, but agrees the downtown needs better signage to direct people to the parking. WIDiam Haun, 211 Queen Street, NE, stated he has been a member of Leesburg Community Church since 1972. He stated he is opposed to the SW Connector trail as it impacts the church. He stated he is also against it as a citizen because his tax money is going to go to something he feels is an unsafe project. He stated that the citizens elect Council to go about doing the business of the citizens and safety is the primary concern. He stated CouncIl needs to look at other altematives. David Paul, 41481 Blincoe Court, Leesburg, urged Council to vote no to the SW Connector Trail. He stated his family has benefited from some of the services offered by the church and various organizations that are mn out of the building. He stated that facility is used seven days a week and loss of the field in front of the property would hamper the activities of the church. Paul Corcoran, 212 Lawford Drive, SW, stated he is potentially risking the wrath of God by speaking in favor of the SW Connector. He stated he has heard a lot of [he concerns over safety and cost. He stated a trail for the southwest of Leesburg still has a lot of benefits. He stated there are many constituents who see the value helping people get out of their cars and ride bikes. He stated when he voiced his concern many years ago, he was invited to join the ad hoc committee, which worked very hard. He questioned whether it makes sense for citizens to be involved or is it just a waste of time. 10 ~' COUNCIL MEETING September 14, 2010 Neely Law, 213 Lawford Drive, SW, stated her support for the SW Connector trail. She stated every project has a physical location and this is a community project which creates a need for a safe connection to points elsewhere in Leesburg such as the high school. She noted that currently Greenway/Country Club/Linden Hill/ Woodlea high school students have to walk to school using undesignated paths through the woods. She stated Meadowbrook will bring more residents. She stated the trail is consistent with the goals of the Town Plan to providing a quality of life in Leesburg. She stated that although recreational projects aze the first to be deleted during times of economic straits, the town should still focus on quality of life so that when the community heads out of the economic downturn, this is still a vital community. She stated she does not believe the South King Street trail is the needed connection for reasons of safety adding that traffic is projected to increase. She requested Council support Phase I of the trail as this was designated as a need by Council for the past 20 years. Brian Patlen, 616 Meade Drive, SW, stated he is in support of the Downtown Improvement Project. He stated those who are opposed to it are the voice of the past which is killing the vitality of [he downtown. Rebecca Moden, Hamilton, Virginia, stated she attends Leesburg Community Church. She stated in terms of safety, the bike trail is good. She stated she utilizes the bike trail all the time and she loves it, but the route is not the most appropriate route. She stated trails open up the area to transient people which creates a safety issue for the children. She stated by putting this trail in front of the church, Council would be creating the opportunity for someone to be hit. Copy McEntee, 704 Country Club Drive, stated there is no unified voice for how to fmish the SW Connector, but everyone can agree on a need for safe passage to town for thousands of people in four neighborhoods in the southwestern part of Leesburg. She stated she would like to see one more attempt to use already allocated funds for the completion of the connector. Dieter Mever, co-chairman, Downtown Improvement Associarion, stated the DIA does support passage of the plan as currently proposed. He stated this has been well vetted. He stated the DIA represents many of the property owners m the downtown. Uba Sanchez, 880 Buttonwood Terrace, NE, stated he loves to bicycle. He stated bicyclists like to conserve energy by not stopping at stop signs. He stated they like long trails with curves. He encouraged Council to redesign the trail and make it longer and more sinuous, but away from driveways and without stop signs. Td Howard, stated he is a member of Leesburg Community Church. He stated he is a maIl carrier in Leesburg and currently works out of the annex on Lawson Road. He stated the off-site parking lot is on the north side of the bike traIl. He stated bikes do not stop. He stated that safety has to be the major concern. He added that 11 ~P.,6< COUNCIL MEETING September 14, 2010 he would hate to see the bike trail on the Rogers property as well as it is a lovely oasis of Been inside the town. _ Robin Blous, Hamilton, Virginia, stated she is a member of the Community Church and she always has to slow down for a biker on Dry Mill. She stated this portion of the SW Connector Trail is not a solution to anything and it is not worth the risk of someone getting hurt or losing their life. Brace Dewar, S Memorial Drive, spoke in favor of the Downtown Improvements. He stated this has been a well vetted project with staff doing a terrific job of hearing everyone's input and shaping the project. He stated it is not a perfect project, and he would like to see more parking on King rather than less, but he is willing to live with what has been put together because there is no perfect plan that everyone will agee with. Peter Burnett, 105 Loudoun Street, stated he is in favor of the downtown improvements. He stated change is often very difficult. He stated Bruce Brownell often came before Council and proposed change, but without it, the town would not have Market Station, Westgeen, Chesterfield, and Brown's Meadow. He stated many wonderful features of town were not unanimously accepted at the time of proposal. Barbara Bavles Roberts, 206 Meadows Lane, NE, stated she would like to see some of the money spent on snow removal on her street. She stated she would like to change the elections for CouncIl and Mayor from May to November. She stated her feeling that the issues in the town do not get as much attention in the town. She suggested a public input session to discuss the change. She stated people want more of a say and an election in November would increase the number of votes. Mike O'Connor, 38685 Montpelier Road, Leesburg, stated the DIA came together to try to effect what Leesburg is going to become. He stated this project will allow Leesburg to move into the fuNre. He urged the Council to vote for the downtown improvements. The Petitioners section was closed at 9:36 p. m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Wright, the following consent agenda was proposed: a. Authorizing an Aereement and Approvine a Performance Guarantee and Water and Sewer Extension Permits for Saint John the Anosde Church RESOLUTION 2010-120 L2 i° COUNCIL MEETING September 14, 2010 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Saint John the Apostle Church b. Extending the Comcast Franchise Agreement for Three Months RESOLUTION 2010-121 To Provide for an Extension Until February 1, 2011 the Term of the Cable Television Franchise Agreement Held by Comcast of California/ Maryland/ Pennsylvania/ Virginia/ West Virginia, LLC ("Comcast" or "the Franchisee") to Complete Renewal Discussions c. NOVEC Easement Dedication for Airport ILS RESOLUTION 2010-122 Dedicating an Easement to NOVEC for the Instrument Landing System (ILS) Project at the Leesburg Executive Airport d. Design Chance Order for Battlefield Parkway - Rt 15 to Evergreen Mill Road RESOLUTION 2010-123 Battlefield Parkway -Route 15 to Dulles Greenway Project Change Order No. 2 for Design and Engineering Services e. Amending_the Fiscal Year 2011-2015 Capital Improvements Program by Creative a Project and Approvine a Supplemental Appropriation for Acguisiion of Easements to Improve Storm Drainage for the Re- Development of the Douglass School Site RESOLUTION 2010-124 Amending the Fiscal Year 2011-2015 Capital Improvements Program by Creating a Project and Approving a Supplemental Appropriation for Acquisition of Easements to Improve the Storm Drainage for the Re- Development of the Douglass School Site f Making~pointments to the Thomas Balch Library Advisory Commission RESOLUTION 2010-125 Making an Appointment to the Thomas Balch Library Advisory Commission (Paine) The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 13P ~~. COUNCIL MEETING September 14, 2010 11. PUBLIC HEARINGS a. Amending Sections 34-29 (Availability Charges for Water Service) and __ 34-127 (Availability Charge for Sewer Service) of the Town Code The public hearing was opened at 11:28 p.m. Jeanette Irby stated several months ago at the behest of Council, the EDC looked at the issue of easing the burden to those coming into town who needed availability fees for water and/or sewer. She stated presently there is a two year payment plan available for indebtedness that arise from avaIlabllity fees. The proposal is to raise the payment period to a five year payment period and wID not place a significant financial burden on the town. She stated it would facilitate businesses opening up. Vice Mayor Wright stated questioned whether there is a concern about deferring the collection of these revenues with respect to the status of the utilities fund. Mr. Wells stated the number of items that would be relatively nominal over time and would not make a material difference in the stams of the fund. Council Member Dunn expressed his desire to go further as the impact will only be minimal. He stated he hopes the town can build upon this. Dieter Mever, 214 Andover Court, stated his ageement with Council Member Dunn, but noted it is a good start. Giei Robinson, 207 Prince Street, stated she wholly supports the investigation into the entire utility fund, a review that would cover the services the town will provide within the next five years, who will get them, how the town wID provide them, the cost and the corresponding pricing structure. She stated this is a large undertaking and those within the town and outside the town will be interested in the process, sharing of knowledge and the end result. She stated this proposal being offered by the EDC is one aspect of what needs to be reviewed and is a part of how the town's water utility wants to operate but only one part. She recommended the resolution be tabled until the Utility Rate Advisory Committee examines the current process, articulates to the Council any weaknesses and proposes fixes. She stated once the process is agreed to by the Council, the URAC can determine the cost and extrapolate fees and rates. She stated [he citizen/Council model can be invoked yearly as part of a defmable, repeatable, and predictable process that can be used on other enterprise funds in [own. She stated to automatically gran[ an option for payment financing for commercial customers raises several questions. Why do the citizens want the town to become anon-FDIC lender of choice? Why is just the H-1 district exempt from the increase? How is the cost established for water or sewer availability funds? Why aren't residential property owners granted the same option for [own financing? Why does a business have to pay 14 P.~yc COiJNCIL MEETING September 14, 2010 availability fees if the size of the pipe does not have to be changed? Why the rush? She stated that Council can grandfather or set the start date retroactively to any date they wish, therefore a review by the URAC would not have an impact. She stated left out of the equation is an examination of curzent pricing assumptions. She questioned whether availability fees areaway to pay for capital expenses? She questioned whether curent buildout, lack of new homes or commercial space, or even lazge additions are failing to support the utilities capital expenses? She questioned how the town will address what comes with maturity such as infill, rehab, rezoning, which typically will not bring in capital dollars as proposed under the current system. She stated the resolution appears to address primarily the historic downtown commercial population. She stated the town needs atown-wide and JLMA inclusive plan. She questioned who will perform the credit check on the potential borrower and who takes the fall if the lendee defaults on the loan? She stated the utility would be out the potential capital dollars which is bad since the fee, like a mortgage is not paid until further in the 60 month term. She stated becoming a bank is not how to create a business friendly atmosphere. She stated if the town's rates and fees are within 5-10 percent of a competitive location, that will go into a business model and become a pretty insignificant blip, however, if rates and fees are so out of line that it becomes a major stumbling block, loans are not the answer. The Council needs to look at costs when fees are so exorbitant. She stated what will make the town the location of choice is predictability and consistency. She stated businesses want the town to show willingness to share information such as published rates and published fees and accountability and have equity in handling and clarification of direction. She urged Council to consider giving this resolution to the URAC and allow them to incorporate it into the total study of the enterprise fund. Ms. Robinson stated that should Council decide to go forward with this despite her arguments, there are few things that need to be addressed. She suggested a clarification of what surety is acceptable and specifically when it will be required. She added that water rates and fees should be avaIlable on the town website and there should be charts regarding what would trigger new availability fee or fees. She also pointed out that the website lists 2009 rates. The public hearing was closed at 11:39 p.m. On the motion of Council Member Reid, seconded by Council Member Dunn, the following was proposed: ORDINANCE 2010-0-019 Amending Section 34-29 (Availability Charges for Water Service) of Article II (Water System) and Section 34-127 (Availability Charge for Sewer Service) of Article III (Sewers and Sewage Disposal) of Chapter 34 (Utilities) of the Code of the Town of Leesburg, Virginia, 2009, as Amended, to Extend the Time of Payment of Availability Fees to Coincide with a Commercial Lease but for no More than Five Years of 15~P:~,< COUNCIL MEETING September 14, 2010 the Fee in Excess of $10,000 for Water Service and $15,000 for Sewer Service Upon Approval of the Installment Contract by the Town Manager CouncIl Member Reid questioned the difference between water and sewer availability fees. Ms. Irby stated that is the historical minimum chazge and any availability fees lower than that would not qualify for the payment plan and would need to be paid in full. Council Member Reid questioned whether changing the minimum could be done. Ms. Irby stated this was not advertised as part of the change. Council Member Reid stated Ms. Robinson raises some valid points about having URAC look at this. He stated URAC will be looking at the bigger issue of how the fees are calculated and they have a lot on their plates so it would not be advisable to have them look at the fee payback schedule too. He stated URAC will come up with something and hopeffilly Council will listen to [hem. Council Member Dunn stated he sees this as a marketing tool which will help fill empty spaces throughout town by reducing a business' up-front costs and not as acting as a lender. Council Member Wright stated there are still several Council members who are looking interested citizens willing to serve on the Utility Rate Advisory Committee. He stated this is a good first step because he feels there are flaws with how the availability fees are calculated. He stated he believes this will give the town a way to recruit businesses that will help increase the tax base. Councff Member Martinez stated he is glad to move forward on this. Council Member Hammier questioned whether there is any reason to defer to look into Ms. Robinson's comments. Ms. Irby stated Ms. Robinson raises some interesting points, but they can be addressed at a later date. Council Member Butler stated this is a minor, but good change. Mayor Urnstattd stated Ms. Robinson has raised some good points, but she has been hoping to move forward with this for at least 18 years. She stated 16 COUNCIL MEETING September 14, 2010 she does not feel the town will lose revenue in the long run because the fees will be collected eventually. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 b. Public Input Session: Proposal by Comcast to Renew the Cable Television Franchise Dieter Mevers, 214 Andover Court, related that whenever the town is doing work in his neighborhood, they are terrific about keeping the neighborhood informed about what is going on. He stated there is an easement in the rear of his yard Por phone/cable, etc. He stated in the current Comcast contract, there is a two-day minimum notification period before Comcast can enter a property to do work unless there is an emergency. He stated without any knowledge, he came home to find his rear yard spray painted and covered with flags. He stated he was unsuccessful in finding out who put the spray paint and flags in his yard. He stated a few days later, because his gate was locked, Comcast removed a portion of his fence and began digging a 12 inch deep trench without any notice. He urged Council to put some teeth into the ordinance to ensure -_ Comcast comply with the agreement by giving the homeowner appropriate notice. He also urged Council to increase the length of the required notice. JB Anderson, 308 Valley View Avenue, SW, stated that a lot of people have had problems with all the providers in town. He stated as the town proceeds forwazd with the Comcast franchise, a lot more complaints will come forward. He stated he will provide Council with a spreadsheet of the problems that have been occurring as have been reported to the Technology and Communication Commission. He stressed that the Technology and Communication Commission is moving forward with technology advancements to offer the town's citizens the best possible methods of communication. 12. ORDINANCES a. None 13. RESOLUTIONS a. Southwest Connector Trail On a motion by Council Member Dunn, seconded by Council Member Hammier, the following was proposed: RESOLUTION 2010-126 COUNCIL MEETING September 14, 2010 Amending the FY 2011-2015 Capital Improvements Program to Delete the Southwest Connector Trail Phases I, II, and III Projects _ Council Member Hammier stated for the record, she initiated the resolution both to pause on Phase III after hearing the significant opposition from voices that had not been heazd from Country Club Green Condominiums. She stated she also initiated the resolution during the budget cycle to pause to be able to allow for additional public input for Phases I and II given the significant cost and the percentage of the capital budget that was allocated for this single construction project. She stated she has been struck by the new voices that had not been heard from before. Council Member Butler stated he is disappointed and feels bad for the entire southwest and thousands of people who filled out multiple surveys expressing interest in having a safe trail. He stated he also felt bad for the members of the trails committee that spent six weeks of their time meeting at the behest of Council to look at all the altematives for the Chancellor Street trail. He noted they unanimously approved the SW Connector Trail and CouncIl for years approved it as part of the CIP. He noted that changes have been made to the design to mitigate the concems of Clubhouse Drive, the Church and Dominion Academy. He stated there has been $300,000+ spent on design and years of anticiparion by the residents of the southwest, but right as construction is about to begin, Council pulls it off. He stated Council should work with residents to come up with altematives. He stated some people think that the South King Street traff is an alternafive, but if it was an altemative, then the Council would never have commissioned the SW Connector trail in the fast place. He stated the northeast quadrant also needs connectivity to town and the CouncIl could commission a trails committee for this quadrant. He questioned who would join since afer putting in six months of work, years of attending meetings, and having the project yanked at the last minute, no one will volunteer. Council Member Butler questioned what the concems are that remain. He stated the safety concerns can be mitigated by putting it on the other side of the road and the Phase III can be deleted. He stated the only other possible argument is the cost. He gave the example of the extra investment town residents make for public safety. He stated the extra public safety that town residents are willing to pay for is 54 x as much as the SW Connector. He displayed a five gallon bucket and stated it represents all the money that the town spends. He stated three tablespoons of water equal the total cost of the SW Connector trail in relation to the total amount of money spent by the town in 20 years. He stated everyone talks about traIls and changing the culture of the town to a more pedestrian friendly place, but not for the southwest quadrant. 18P,>~ COUNCIL MEETING September 14, 2010 He stated Council is considering a $10 million dollar pedestrian bridge for those who refuse to take a free bus. Council Member Martinez stated the Council makes commitments to the town and investments in recreational facilities. He stated all the investments have not made everyone happy but have been for the benefit of the entire town. He stated he feels the investment was needed for the southwest. He stated he has teamed that Leesburg Community Church needs some traffic improvements. He stated he feels the trail was needed. He stated there is no money to save because this would have been financed through bonds. He expressed his desire for a solution that would have made the church happier and still build the trail. He stated it is wrong to segment the town and Council needs to take the risk by investing in the town. Council Member Wright stated that in looking at the way this process has gone, the town has failed in the process. He stated the CIP is the Council's promise to the community of what they will build and when they wID build it. He stated over the years, the Council has worked hard to reform the CIP process and pledged better communications. He stated whether you are for the traIl or against the trail, the town has failed to get good information out in a timely manner. He stated he is concerned that the website status is wrong. He stated he supports the church and Dominion Academy as they are a huge asset to the community. He stated his vote tonight may not reflect that. He stated he was hoping that there would be a way to have an alternative that would satisfy everyone. He stated there still needs to be not only a safe access into town, but safe pedestrian connections for the church/school. He commented that he did not think the connection [o the W&OD trail was the most important connection and this would have been a different type of trail, more of a pedestrian connection for vazious community uses such as the schools and the churches. He encouraged everyone to work together to address the challenges to pedestrian connectivity. He expressed his appreciation for all the community involvement because everyone is trying to do their best for the town. Council Member Reid pointed out when he was the liaison to the Standing Residential Traffic Committee, there was a discussion on a time ban for taking left rums off of Lee to cut down on cut through traffic. He stated the town needs to hear from citizens on that street to see if they want something like that. He stated the best way to mitigate traffic on these roads is to make sure that traf&c can move on the bypass which is why the Council is working hard to obtain funding for the Sycolin Road Flyover and the Route 7 climbing lane west of town. He stated he opposed the Southwest Connector when it fast came up in 2007. He stated he was the lone voice on Council a[ that time. He stated there have been some serious problems with [he way the -" town has handled this project and other capital projects. He stated he asked in 19Pc, COUNCIL MEETING September 14, 2010 2008 whether the various property owners had been contaared, but he was told staff was beginning to do that. He stated by the time all the property owners had been contacted in April of 2009, some $250,000 had aheady been spent on design of the bridge. He stated people were not asking him about the SW Connector when he was campaigning, but they were asking him about the South King Street trail. Further, he noted that the public tum out at the meetings in support of the SW Connector trail has been pretty underwhelming. He stated he supports removing it from the CIP and looks forward to a town- wide pedestrian/bicycle access plan. Council Member Reid offered a friendly amendment to direct up to $50,000 of unallocated, unspent funds from the SW Connector to fmance safety crossing lights at South King Sneet trail and the Leesburg bypass as per the staff memo of June 18, 2010, which lists vazious safety improvements. He requested that staffreportback to the Council on the cost/feasibility of the Tuscarora Trail otherwise known as the South King Street Trail extended. Council Member Dunn accepted [his as a friendly amendment. Council Member Hamrnler stated she would not accept this. She stated in two months, staff is bringing forward a bike accessibIlity plan for the entve town which would be the best time to look at these things, including the safety improvements on South King Street. Council Member Reid withdrew his amendment. Mayor Umstattd stated she intends to support the motion to delete the SW Connector trail and all of its phases from the CIP. She thanked those on both sides of the issue who came out to speak to this subject. She stated the members of Council who support continuing forward with the SW Connector are doing so out of a really heartfelt commitment to the town, but she personally feels this is a very expensive project in a very slow economy. She expressed her feeling that the town will have several very difficult budget cycles in the next few years when it will be very difficult to meet critical needs in public safety and road maintenance and construction. Further, she stated she knows it is difficult for the members of the trails task force to see all thew hard work come to nothing but she stated the anxiety that this project has created for those communities most directly impacted has just been more than the town can expect the public to bear. She stated while it would be a wonderful enhancement for those members of the community who want the nail, there are equal numbers in those communities who do not want it. She stated it would be imposing a serious burden, emotionally and fmancially, upon other members of the community for a recreational nail. Council Member Hammler thanked everyone. She stated she originally voted and supported the ad hoc committee because it was soon after the Council supported the $5 million Lowenbach improvements and she felt that 20 P:~ec COUNCIL MEETING September 14, 2010 the goup had done a stellar job coming to a consensus with something that had been a previously contentious issue. She stated she was taken aback by the cost initially, but supported the process. She noted that Ann Robinson had pointed out to her flaws in the process, where her community had not been given information. Further, she discussed the need to deal with density issues because the town cannot buIld capital intensive bridges everywhere. She stated she is looking forward to a bike accessibIlity plan that can make bikes and walkers safe because everyone wants to go so many places around town. Council Member Dunn stated this goes back a long time ago to the Chancellor Street Trail. He stated at that time, he was the liaison from the Economic Development Commission to the town's Parks and Recreation Commission and Marty was the county's liaison to the town's Parks and Recreation Commission. He stated the Chancellor Street trail was one or two votes from being m existence today. He stated sometimes things that are promised seem like a good idea at the time, and this is one of those hurdles that cannot be overcome. Further, he added this is too costly and would be even in good economic times. He stated staff will not build an unsafe trail, so South King Street is safe. He stated this is not about those who oppose the trail, but is about the information process. He questioned whether the ad hoc committee would have considered other alternatives given the level of opposition they are hearing now from the church, homeowners, and the condominiums. He noted that it is not about everyone getting their fair share for their section of town, but about what is best for the entire town. He expressed his belief that Chancellor Street could still be an alternative and noted that once Battlefield Parkway is buIlt, there will be a trail. He urged volunteers not to be discouraged and stated just because someone does a lot of work on a project, it does not mean that project will be approved. The motion was approved by the following vote: Aye: Dunn, Hammler, Reid, and Mayor Umstattd Nay: Buller, Martinez, and Wright Vote: 4-3 b. Downtown Improvements Proiect On a motion by Vice Mayor Wright, seconded by CouncIl Member Dunn, the following was proposed: MOTION 2010-007 Directing Staff to Proceed with Design and Construction of the Downtown Improvements Project as Indicated on the Key Map and the Full List of Proposed Projects on the Order of Magnitude Construction Cost Estimate as Discussed 21~Pa~ COUNCIL MEETING September 14, 2010 Vice Mayor Wright stated there has been a lot of community feedback with regards to this project. He discussed the town's responsibIlity to provide adequate public infrastmcture for the downtown. Council Member Butler stated he supports the project as presented. He stated it is not perfect because unfortunately to widen the sidewalks, parking has to be removed, but moving forward with the Arts, Entertainment and Dining district will require this. He stated he was interested to see the number of locations that had entertainment during the past First Friday and felt that they would have all benefited from wider sidewalks. He encouraged staff to see how narrow the street can be made to widen the sidewalks as much as possible. Further, he stated it is important to make some of the changes to the parking garage that are proposed including additional lighting and better signage. He noted he has directed staff to look into the possibility of making the entire pazking garage free in order to mitigate removing the on-street parking on King Street. Council Member Hammler questioned what input was received from business owners and property owners about the impact of removing parking on King Street. Scott Parker stated he spoke to over 44 property owners, business owners, and individuals along King Street and Loudoun Street. He stated of those people on King Street, approximately 70-80% of the business owners had significant concems about the removal of parking on King Street. He noted of those 70%, some indicated a compromise could be reached. He noted that everyone stated the signage to and visibility of public parking was poor. Council Member Martinez stated he supports this project. Council Member Reid expressed his appreciation for the downtown business owners who came out. He stated he did not feel that a good committee of the whole discussion occurred on King Sneet. He urged Council to think about this carefully because Council will be eliminating parking on King Street forever, which will have serious impacts to businesses. He stated he would rather see the money spent to automate and beautify the town hall garage to rather than these sidewalk beautification projects. He stated besides getting rid of the on-street pazking, the mid-block crosswalk will have 13,000 cars per day going over a speed hump. He stated there will be ample complaints and there are safety concems with pedestrians using this crosswalk. He questioned the precedent of putting in a mid-block crosswalk, noting that other streets have asked for amid-block crosswalk, but have been denied. He stated this one facet of [he project needs to be deferred. He noted there is no opposition to the other parts of the project. 22 i~ COUNCIL MEETING September 14, 2010 Council Member Reid made a motion to defer the King Street sections of the project until it can be discussed at a future work session. The motion was seconded by Council Member Dunn. Council Member Butler stated that King Street is the reason for the entrre project and defertal of King Street dampens his enthusiasm for the remainder of the improvements. Council Member Hammler stated she has consistently been leaning towards the most transformadve solution possible. She stated she supports the mid-block crosswalk. She stated it is important for the downtown ro have an official voice. She requested an official endorsement from the DIA requesting the downtown improvements go forward. She stated the Council has heard from individuals, but not from the organization. Council Member Dunn stated the major changes are on King Street, and he questions those changes since they are different from what was suggested by the ULI study. He stated they recommended bump outs where there was no parking, but we are proposing complete expansions where there is parking. He expressed concern over the amount of positive impact the expansion of the sidewalks will have especially when the expansion will occur in front of restaurants that cannot even fill up the tables inside. He stated a 30 day delay is not unreasonable since construction is not slated to begin until 2012. He expressed further concern about the mid-block crosswalk as it is a safety issue. He stated pedestrians will think they have the right of way regardless of traffic. Vice Mayor Wright stated he understood the emaIl from the DIA represented the official position of the DIA. Council Member Martinez stated that Mr. Meyer has been before CouncIl at least three or four times representing the DIA in support of this project. He stated the motion to defer the King Street portion of the project reminds him of the meeting two months previous where the proposal was everything but King Street and the reason why Council could not make a decision at that time was there was no core project. He stated adding street trees and widening sidewalks have been defined as being of significant benefit to commercial areas. He stated the main purpose of the mid-block crosswalk is to add traffic calming. He stated reducing the importance of the car and increasing the importance of the pedestrian downtown is what the business community has asked for. Council Member Reid reminded Council about the SW Connector. He stated there was an enthusiastic group that came before CouncIl in 2006 for that project and now it's dead. He stated there is significant opposition by the business owners to the removal of parking on King Street. 23 ~ r' ., ,; ~: COUNCIL MEETING September 14, 2010 Mayor Umstattd stated there are a few projects that she feels are important from a public safety standpoint, such as the Loudoun/Harrison Street Intersection and the sidewalks on Loudoun to Market. She expressed her concern about the elimination of street parking anywhere in town. She stated the problem with trying to change public expectation that they should use the parking garage is that other town centers have ample street parking even when they have parking garages. She stated removing 20-21 street parking spaces is a major negative for the downtown merchants. Further, she pointed out historically during major downtown improvements, a number of businesses are lost. She expressed her concern that businesses will be lost during the construction phase and with the elimination of on-street parking. She stated the sidewalk widening will only be able to accommodate two person tables, which will not bring a noticeable increase in on-street dining. She questioned whether the street trees will be beautiful if it means losing merchants. Council Member Hammier requested a five minute recess. Council recessed at 11:04 p.m. Council reconvened at 11:13 p.m. Council Member Reid stated he feels the King Street project can be severed and looked at more carefully, particularly the mid-block crosswalk. He stated they can look at alternative parking for those spaces that will be lost. The motion to defer was defeated by the following vote: Aye: Dunn, Reid and Mayor Umstattd Nay: Butler, Hammier, Martinez, and Wright Vote: 3-4 Council Member Reid made a motion to divide the question to allow for a separate vote on the King Street projects. The motion to divide the question was seconded by CouncIl Member Dunn. The motion to divide the question was defeated by the following vote: Aye: Dunn, Reid and Mayor Umstattd Nay: Butler, Hammier, Maninez, and Wright Vote: 3-4 Council Member Reid made a motion to allow parking on weekends and Holidays on Wirt Street between Loudoun and West Market to provide some extra street parking. Vice Mayor Wright questioned whether this is germane to the question since it is no[ a CIP project. 24[~.:y~ COUNCIL MEETING September 14, 2010 Mayor Umstattd stated she does not feel it is germane either. Council Member Dunn stated that germane is not in Robert's Rules. Mayor Umstattd stated this would be an entirely separate discussion and would feel more comfortable voting on that afrer talking to the neighborhood. Council Member Hammier stated she appreciates the public feedback, but the main point is to move forward. Further, she added that there has been a tremendous amount of stakeholder involvement for several years. She stated deferral for 30 days would cause any additional changes but in light of the SW Connector trail vote, she will continue to hear the public and hopes that staff will be dfligently bringing the status of design to Council which will allow additional input, debate and consensus building as the project moves forward. Council Member Reid stated he had a request from Ron Rust for a crosswalk at Wirt, Market, and Loudoun. He questioned whether a brick stamped crosswalk could be provided. Mayor Umstattd stated there are still details that will need to be worked out for these projects and will be opportunities for Council to weigh in on different aspects. _ Council Member Reid stated staff will start spending money at CouncIl's direction to start [he detailed design and down [he road there will be criticism about the project. He questioned why the question cannot be divided so he will not have to support the parts of the project he does not support. He made a motion for reconsideration of division of the question. Ms. Irby stated the chair can decide. Mayor Umstattd stated she will allow division and Council will vote individually on each portion of [he project. Vice Mayor Wright stated his concern is if Counci] ends up without a package of improvements, there will be problems. He discussed the addition of the parking garage downtown. He stated during [he time [here was no flat lot parking, people continued to visit the Tally Ho. He expressed his hope that the downtown improvements move forward as this is a community project that will provide needed infrastructure that will allow the downtown to complete with the newer centers that are trying to replicate the downtown. He stated this is the beginning of the design process and the community will need to stay engaged to ensure that the town gets the best return on its investment. 25~i' COUNCIL MEETING September 14, 2010 Council votes on each element of the Downtown Improvements Project were: Al - Kina Street: Royal to Loudoun was approved by the following vote: Aye: Butler, Hammier, Martinez, and Wright Nay: Dunn, Reid, and Mayor Umstattd Vote: 4-3 A2 -King Street: Loudoun to Market was approved by the following vote: Aye: Butler, Hammier, Martinez, and Wright Nay: Dunn, Reid, and Mayor Umstattd Vote: 4-3 A-3 -King Street: Market to Cornwall was approved by the following vote: Aye: Butler, Hammier, Martinez, and Wright Nay: Dunn, Reid, and Mayor Umstattd Vote: 4-3 A-4 -King Street: Cornwall to North was approved by the following vote: Aye: Butler, Hammier, Martinez, and Wright Nay: Dunn, Reid, and Mayor Umstattd Vote: 4-3 B-1 -Loudoun Street: King to Harrison was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright Nay: Mayor Umstattd Vote: 6-1 B-2 -Loudoun and Harrison Streets Intersection was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 B-3 -Loudoun Street: Harrison to Market was approved by the following vote: Aye: Butler, Dunn, Hatnmler Umstattd Nay: None Vote: 7-0 Martinez, Reid, Wright, and Mayor 26~r:,; COUNCIL MEETING September 14, 2010 C - Garage to King Walkways was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright Nay: Mayor Umstattd Vote: 6-1 D -East End Triangle was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright Nay: Mayor Umstattd Vote: 6-1 E -Market Sidewalk Infrastructure Repair was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid and Wright Nay: Mayor Umstattd Vote: 6-1 c. Change in Election Date On the motion of Council Member Reid, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2010-127 Authorizing a Public Input Session to Solicit Comments to Change Election Date from May to November Council Member Reid stated this does not commit the Council to doing anything, just holding an input session. Council Member Dunn stated this will allow the citizens to have a voice to let the Council know whether they have interest in changing the elections and increasing voter turnout. Council Member Buder questioned why another public input session is being held. Council Member Dunn stated the majority of Council opted not to move forward because of the time constraints of getting it done before the election; not because it was rejected outright. Council Member Butler questioned whether there are any deadlines associated with changing the election to November of odd years. Ms. Irby stated the Department of Justice has 90 days to review the request, not taking into account the regulations imposed by the Loudoun County Board of Elections. She noted that the timing is too fight for 2011, but not too tight for 2012 or 2013. 27 ~~ :~ COUNCIL MEETING September 14, 2010 Council Member Butler stated he is disappointed they have missed the deadline again. Council Member Hamniler stated she would support this m order to get as much public comment as possible. Vice Mayor Wright stated he is concerned that the public will assume the Council is moving the elections to November. He stated he does not support moving the election to November as there aze elections all year round and the town issues will get a lower profile. He stated when looking at Blacksburg, a community that actually has changed their election date from May to November, he saw that the active votes for the local election did not significantly increase. He stated more people were presented with a town ballot to consider, but more people did not fill it out. He stated the town's mmout has not always been low. He stated that changing the election date will not solve the problem of voter apathy. Mayor Umstattd stated she does not have a problem supporting another public input session. She stated that Betsy Mayr has shared with her that 50% of the voters who go to the poll hi November never turn the ballot over and town council races will always be on the other side of the ballot. She stated you may have twice as many voters turning out, but you may not have twice as many ballots. She stated that the downside to November elections for Council is that town issues wID be completely swallowed by national, state or county issues and there will be even less consideration of town issues. Council Member Martinez stated that Hillsboro did this and it did not do anything for them. He stated if the town changes, they cannot change back. He agreed with the Vice Mayor stating that holding the input session wID give the public reason to expect that Council will continue with the change. Council Member Dunn stated that sometimes there is not a great turnout, but if a lot of people expressed the desire to change the election date, then Council would have to consider it. He stated that a number of comments made tonight are contrary to what the Board of Elections told CouncIl at their work session. He stated according to the Board of Elections, there was not much fall off from the front of the ballot to the back of the ballot. Further, he stated the town does not get much press coverage for the elections in the larger papers anyway. He stated it is presumptuous to assume that the additional voters will not have educated themselves on the local issues. He stated it is important that the Council is willing to hear from the public. The motion was approved by the following vote: Aye: Dunn, Hammier, Reid, and Mayor Umstattd Nay: Buller, Martinez and Wright Vote: 4-3 COUNCIL MEETING September 14, 2010 14. UNFIlVISHED BUSBVESS a. None I5. NEW BUSINESS a. Resolution Regarding the Chesapeake Bav Act On a monon by Vice Mayor Wright, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2010-125 Concerning Board of Supervisors Action on the Chesapeake Bay Act Council Member Reid asked for a friendly amendment to respectfully request the Board of Supervisors hold off on a vote on the Chesapeake Bay Protection Act unN the town's issues are addressed. The amendment was accepted as friendly. Council Member Butler pointed out a typographical error in #3 The amended motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 16. COUNCII, COMMENTS None. 17. MAYOR'S COMMENTS None. 18. MANAGER'S COMMENTS None. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 12:10 a.m., Wednesday, September 15, 2010. i ~'ls n C. mstattd, 1 ayor .f. Town of Leesburg Clerk of u cil 201 p_rcmin0914 29~P,~~