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HomeMy Public PortalAbout2010_tcmin1013Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Thomas Dunn, II, David Butler, Katie Sheldon Hammler, Fernando "Marty" Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Umstattd. COUNCIL MEETING October 13, 2010 Council Members Absent: Council Member Dunn arrived at 8:21 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Public Works Director Tom Mason, Director of Parks and Recreation Richard Williams, Capital Projects Manager for Design and Engineering Tom Brandon, Assistant to the Town Manager Scott Parker and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Council Member Hammler 3. SALUTE TO THE FLAG was lead by Council Member Reid 4. ROLL CALL showing Council Member Dunn absent (arrived at 8:21 p.m.). 5. MINUTES a. Work Session Minutes of September 27, 2010 On a motion by Council Member Hammler, seconded by Vice Mayor Wright, the work session minutes were passed 6 -0 -1 (Dunn absent). b. Regular Session Minutes of September 28, 2010 On a motion by Council Member Butler, seconded by Council Member Hammler, the minutes were passed 6 -0 -1 (Dunn absent). 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Vice Mayor Wright made a motion to adopt the meeting agenda as presented. The motion was seconded by Council Member Butler. The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6 -0 -1 (Dunn absent) 7. PRESENTATIONS a. Presentation to Council Statement of Support of the National Guard and Reserve Mr. Lewis Brodsky presented Council and the Town Manager with a statement of appreciation for the town's support of employees serving their National Guard and Reserve duty. b. Resolution of Respect Robert H. Lilly 1 1 Page COUNCIL MEETING October 13, 2010 On the motion of Council Member Martinez, seconded by Council Member Hammler, the following Resolution of Respect was approved. RESOLUTION OF RESPECT Robert H. Lilly WHEREAS, Robert "Bob" Lilly was born on May 4, 1949 in North Carolina to George and Nancy Lilly; and WHEREAS, Bob graduated from St. Andrews Presbyterian College in Laurinburg, North Carolina; and WHEREAS, Bob was a wonderful husband to his wife, Mary Keith "Keith since their marriage on September 23, 1972 and a loving father of two sons, Stephen and John; and WHEREAS, Bob was hired by the Town of Leesburg in 1978 as a Public Facilities Inspector after spending several years with the Virginia Department of Transportation; and WHEREAS, in 1986, Bob was named Chief of Inspections and in 1989, Chief of Operations and Inspections, a position he held until his passing on July 16, 2010; and WHEREAS, Bob and Keith planted rose bushes in the circular garden on the south Town Hall green and have been caring for them over the years until recently; and WHEREAS, Bob was admired and respected by all his coworkers and colleagues for his sense of humor, honesty, and dedication to the town and its citizens. THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of Leesburg in Virginia extend their sympathy and respect to Bob's family and everyone whose lives were touched by Bob; and BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be presented to his family upon the dedication of Rose Garden in his name on October 22, 2010. PASSED this 13 day of October, 2010. c. Proclamation National Archive Month On a motion by Council Member Martinez, seconded by Council Member Hammler, the following Proclamation was approved: 2 1 Page COUNCIL MEETING October 13, 2010 PROCLAMATION American Archives Month October 2010 Making Connections: Archives and Imagination WHEREAS, our town's future is shaped by the shared experiences of its citizens, past and present; and WHEREAS, much of our community's rich and diverse heritage is contained in documents and records created by and for its people; and WHEREAS, archives have been established throughout the Commonwealth of Virginia as a means of preserving our history; and WHEREAS, these archives collectively contain over 400 years of unique materials, ranging from hand written letters and diaries to typewritten manuscripts, photographs, videotapes, and modern electronic data systems; and WHEREAS, The Town of Leesburg's Thomas Balch Library is a repository preserving the historical record of Leesburg and Loudoun County, WHEREAS through these archives, future generations can more accurately study the past, learn from accomplishments of predecessors, trace ancestors, understand a community's pride of place, confirm property rights, and maintain laws, while celebrating the history of state and local communities. NOW, THEREFORE, be it resolved that the Council of the Town of Leesburg, in Virginia, proclaims October 2010, American Archives Month and encourages residents of Leesburg, Virginia, to explore their history by visiting an archives collection nearby. PROCLAIMED this 13``' day of October, 2010. 8. PETITIONERS The Petitioners section was opened at 7:41 p.m. Holly Kraus, 16616 Elk Run Court, stated she lives in Raspberry Falls. She thanked Council for entertaining the idea of potential emergency extension of water service to her neighborhood. She stated she has seen dead farm animals next to sinkholes and pools of pesticides next to well heads while the water authority will not test for chemicals. She stated as the mother of five children, she wonders whether the water is making her children sick. She states that strange sicknesses have affected the children in the neighborhood. She stated two 3 1 Page COUNCIL MEETING October 13, 2010 children have been in wheelchairs for nine months, but she is told that it is okay because the wells are treated with chlorine. Dorene Napierkowski, 819 Wage Drive, SW, stated her home is next door to the electric company house. She stated she has had concerns about cutting the trees off the top of the berm while not addressing the trees lower down the berm. She stated that two 40 foot trees have fallen in her yard and caused $1,800 of damage. She stated she has been told that VDOT has sovereign immunity so they are not responsible for the deductible on her insurance policy. She stated she is still living with the debris that Virginia Power left behind when they cleared. She stated she has called VDOT and asked them to remove the trees that are overhanging her property. She stated her insurance company has taken pictures. She stated this is a safety issue. Mayor Umstattd assured Ms. Napierkowski that the town would contact VDOT on her behalf. Council Member Hammler requested that Council be kept informed on this matter. Stanley Caulkins, 102 Morven Park Road, stated widening the sidewalks on King Street will necessitate doing something about the corners of King and Market. He stated he feels the radius will be too tight for trucks. He stated the merchants he has talked to do not want to see the sidewalk widened, but would rather see it improved. Robin Peacemaker, stated she represents the Leesburg Restaurant and many other King Street merchants. She urged Council to rescind their vote on the King Street improvements. She stated giving up parking spots for two top cafe tables is not a good improvement. She stated her restaurant and many other businesses are highly reliant on ease of access and convenient parking. She stated Winchester, Virginia is a good example of what happens when convenient parking is not offered in historic areas. She stated the Council's efforts to revitalize the downtown are appreciated; however, she protests this ill -fated plan that will negatively impact the people who the Council hopes to assist. Laura Maschler, Raspberry Falls, thanked Council for hearing their concerns. She stated she has been living with this for over two years. She stated neighbors are supposed to reach out and help each other and they are looking for a clean source of water. She stated there are over 80 mapped sinkholes throughout the development. She stated there are 25 homes with alternate septic systems that were built in 2002 and should not be experiencing the amount of e.coli that has been found. Council Member Reid questioned whether this will be discussed with the Board of Supervisors. 4 1 Page COUNCIL MEETING October 13, 2010 Mayor Umstattd stated it was agreed that Council will raise the topic with the Board of Supervisors that the Town, Loudoun Water and the Board need to look into. Barbara Bayles Roberts, 206 Meadows Lane, stated she is back because Tom Dunn called her today and left her a voice mail message. She stated he thought she had left in tears yesterday because of something he had said or done. She stated she was in tears because of the history of Virginia and she stated she is very sad Virginia has that part of its history adding that she is related to Robert E. Lee. She stated she picked up a copy of the Declaration of Independence and the Constitution of the United States. She recommended that everyone have one in their possession. She stated she is impressed by the amendments, which were someone's plan B because something was not right with the original and needed to be addressed. She stated she is grateful for the discussion of changing the elections from May to November and reiterated this is what the people want. She stated it has been statistically proven that more people will vote if the election is in November. She stated she understands the arguments against but it is time for her to go to her plan B, which is a petition for referendum. She stated she will take it to 5000 voters. She stated that she has been very politically active in the past. Tara Brill, 16302 Elk Run Court, Raspberry Falls, stated in a few days the community will be presenting a letter of grievances in regards to their communal well system. She stated her family has dealt with many medical issues and is still dealing with those issues today. She stated a doctor has told her that her daughter needs to be removed from her environment. She stated she understands the concerns, but asked what is more important than the health and safety of the people in her community. She requested that Council support them in their effort to get town water. Waily Wang, 5 South King Street, stated her concern with the parking on King Street. She stated she has handicapped people that visit her restaurant and she needs the parking in front of the restaurant. She stated it will be a big problem for her delivery driver. Gerald Berg, stated he has been writing letters with regards to the election date change. He stated he cannot understand why anyone would want to limit participation and it would behoove the town to do whatever it can to increase participation. He stated November is a better time to vote and the change will not cost a lot of money. He stated there should be a referendum to let the voters decide. He stated it would be unfortunate if the voters had the perception that Council wanted to limit the voters. He urged Council to change the election to November. He stated he is an election officer and he would prefer an odd numbered year. The Petitioners section was closed at 8:14 p.m. 5 I Page COUNCIL MEETING October 13, 2010 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Council Member Hammler, the following consent agenda was proposed: a. Sycolin Road Widening Improvements Project Left Turn Lanes for Tavistock Drive RESOLUTION 2010 -133 Amending the Fiscal Year 2011 -2015 Capital Improvements program by Creating a Project and Approving a Supplemental Appropriation for Design and Construction of the Turn Lanes on Sycolin Road at Tavistock Drive, SE. b. Substitute Performance Guarantee for Oaklawn at Stratford Landbay «D„ c. Making an Appointment to the Commission on Public Art 11. ORDINANCES a. None RESOLUTION 2010 -134 Approving a Substitute Performance Guarantee for Oaklawn at Stratford Landbay "D" RESOLUTION 2010 -135 Making an Appointment to the Commission on Public Art (KD Kidder) The Consent Agenda was approved by the following vote: Aye: Butler, Hammler, Martinez, Wright, and Mayor Umstattd Nay: None Vote: 5 -0 -2 (Dunn and Reid absent) 10. PUBLIC HEARINGS a. Approving Rezoning TLZM 2010 -0001 Leesburg Central to Amend TLZM 2003 -0006 This item will be rescheduled. 12. RESOLUTIONS a. AECOM Design Contract On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: MOTION 2010 -0009 I move that the Town Council Approve Phase II of the Approved Planning and Design Contract with AECOM for the Amount of $478,700 6 1 Page COUNCIL MEETING October 13, 2010 Vice Mayor Wright stated this moves the overall downtown improvements project to a critical phase of getting out of the talking about it mode and into the doing something mode. He stated to address the concerns of the businesses on King Street, parking spaces have been held out on the top and bottom of the block. He stated this allows the town to get a design and a practical picture of what will be done, but by no means excludes or ends the discussion with the community. He stated this moves the discussion further and allows the town to work cooperatively with the community and the impacted business owners. He stated this will allow Council to accomplish the win /win. Council Member Butler stated there was some confusion with some of the petitioners as to what will happen on King Street, because there is a compromise solution so not all the parking will be eliminated and the corners will not be narrowed. Council Member Hammier stated her appreciation for the downtown business owners coming forward. She stated she feels angst about the situation, but supports the position that moving forward is important to determine the impact. She stated the downtown business owners need to be part of the continuing process. Council Member Reid stated he is very concerned that the Council will award the contract, start spending money on design, and no consideration will have been given to traffic issues and pedestrian safety. He stated he was informed last week that there was no staff study of traffic impact concerning whether there is enough distance for the midblock crosswalk. He stated his concern that the design will be performed and then the other issues will still not have been dealt with. He offered an amendment: Before moving ahead with the design of the King Street sidewalk project, the town and its consultants will conduct a traffic study to determine the impact, if any, on the turning radius of vehicles with the widening of the sidewalk and stopping distance on either side of the mid -block crosswalk to determine pedestrian impact, if any. He noted there was an accident involving a pedestrian at the mid -block crosswalk at the government center last month. He stated he has sat through years of discussion of mid -block crosswalks on the Standing Residential Traffic Committee. He stated before the town starts spending money to put brick there, the consultant should study the impact of traffic movements with the sidewalk widening. Mayor Umstattd seconded the amendment. Vice Mayor Wright stated he understands the sentiment, but after having talked to Scott Parker and the consultants, he finds it hard to believe those discussions have not occurred. He stated he could not support this amendment. Council Member Hammler questioned Mr. Wells' perspective on the amendment given the process that has preceded, how long it would take and the advantages of doing the traffic study. 7 Page COUNCIL MEETING October 13, 2010 Mr. Wells stated a lot of effort that included the consultants and all the key members of staff that handle the design and review of particular capital projects were involved in looking at the preliminary design information and would not have brought anything forward that would not meet design guidelines. He stated what was presented to Council was not what was started and there were a number of changes that Council members wanted to have that were not included for either safety or design concerns. He stated staff and the consultants will continue to work on elements of safety and consideration for what the business owners have brought forward. He stated there are opportunities for additional parking and deliveries within the context of how this compromise plan is put together. He stated the final notations of how parking areas are labeled will be based on input with the property owners. Further, he noted that anytime there is a crosswalk, there is an element of safety concern but did not feel a study would replace what staff needs to do as part of the design. Council Member Hammler questioned the phasing of the downtown improvements given the significant, continued questions and concerns for the business owners. Mr. Wells stated the only area of concern seems to be the issue of parking on King Street, which is part of the sidewalk widening. He stated the priority that has been set in terms of moving forward, is making safety, accessibility and signage of the parking garage and the alleyway so that the changes to King Street will not occur until the spring or summer of 2012. Staff will be making the garage a more desirable and visible location to park, identify better signage and visibility for the county parking garage, which supports the downtown on the nights and weekends. He stated those 12 parking spaces will remain on King Street throughout the holiday season which gives Council time to fully weigh out the design of the project along with the community and to see the actual success of the changes that have been suggested by Council to improve the alleyway and the parking garage. Council Member Hammler stated that given the significant concerns that are continually being raised, there may be action that Council may want to consider prior to proceeding with removal of parking on King Street. Mr. Wells stated there will be ample opportunities for Council to amend the project; however, based on Council's direction the design can go forward taking into account safety and other operational concerns. Council Member Reid suggested painting lines on the street right now to designate a crosswalk to see how it works as a low cost alternative. He urged Council to support the amendment as designing the project without a traffic study will leave issues unaddressed. 81 Page COUNCIL MEETING October 13, 2010 Council Member Dunn expressed his concerns over the safety of the mid block crossing as pedestrians generally view a crosswalk as permission to cross regardless of traffic. He reminded Council that they would not consider mid block crosswalk signs in the downtown previously. He stated the idea of studying this before providing funds is admirable, but does not take away from the safety issue. He stated the concept of a mid -block crosswalk is destined to put people at risk. He questioned whether there will be a flashing sign. Mr. Wells stated a number of factors go into the design that will slow the traffic downtown and this is one of the key considerations that Council weighed in on in terms of narrowing the street and adding trees. He stated staff would not propose something that is not safe. Council Member Dunn stated his support for Council Member Reid's amendment. Council Member Martinez questioned the cost of the additional study. Mr. Parker stated he did not know; however, the turning radii of the corners would not need to be included in a study because those would not be affected by the project. He noted that in order to paint a crosswalk on the street, handicapped ramps would need to be installed. The motion to amend failed by the following vote: Aye: Dunn, Reid and Mayor Umstattd Nay: Butler, Hammler, Martinez and Wright Vote: 3 -4 Mayor Umstattd made a motion to amend requesting the design consultant come up with a design that preserves all parking spaces on King Street between Market and Loudoun. The motion to amend was seconded by Council Member Reid. Vice Mayor Wright asked for clarification of whether she would like two designs, one that saved all parking and one that encompasses the compromise that only eliminates some of the 12 spaces. Mayor Umstattd requested two designs. Council Member Hammler questioned whether this would be in the scope of the contract and whether it would add to the timeline and cost to include a second set of designs. Mr. Parker stated it is not included in the quoted contract price. 9 1 Page COUNCIL MEETING October 13, 2010 design. Mayor Umstattd stated her request would be an alternate to the proposed Mr. Wells stated that parking, in total, is not being removed. He stated it is the difference between the current 12 spaces and between 4 to 6 spaces. The motion to amend failed by the following vote: Aye: Dunn, Reid and Mayor Umstattd Nay: Butler, Hammler, Martinez and Wright Vote: 3 -4 The original motion to approve Phase II of the approved planning and design contract was approved by the following vote: Aye: Butler, Hammler, Martinez, and Wright Nay: Dunn, Reid and Mayor Umstattd Vote: 4 -3 b. Supplemental Appropriation from the Capital Asset Replacement Fund On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: RESOLUTION 2010 -136 Amending the FY 2011 General Fund Budget and Making a Supplemental Appropriation in the Amount of $264,000 from the Capital Asset Replacement Fund Vice Mayor Wright stated this is part of the plan for Capital Assets and these are assets at the Recreation Center that is supported primarily by fees and not tax dollars. Council Member Butler questioned whether the town gets a better price to purchase all the equipment at one time. Mr. Williams stated all the items will be replaced at one time because all the machines are past the end of their life span. He stated that parts cannot be found to repair the machines. Council Member Hammler stated she felt the memo was very inadequate in terms of allocating this money as it did not address prioritization or residual value. She stated she will support this appropriation, but would appreciate more detail in the future. Council Member Dunn verified that these funds are coming out of the Capital Asset Replacement reserve. He stated this reserve is just another way of hoarding up taxpayer dollars and stated he would not be supporting this motion. The motion was approved by the following vote: 10 1 t'ag COUNCIL MEETING October 13, 2010 Aye: Butler, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Dunn Vote: 6 -1 c. Election Date Change On a motion by Council Member Hammier, seconded by Council Member Reid, the following was proposed: RESOLUTION To Initiate Charter and Code Changes to Change the Election Date from May to November of Odd Numbered Years Commencing 2013 Council Member Hammier stated "The question is why odd years and why not sooner. I would select November of 2013 as the first year that this would be applicable. Why? Just very succinctly, an overwhelming number of citizens have weighed in, both in the input session and in terms of the sheer number of emails that I have received. I was elected to represent those voters and those citizens who have weighed in that they want to vote in November. The goal is for greater voter turnout. If you look at the statistics, very clearly we would increase from 8% 17% in May elections to in odd years upwards of 32% 39% based on recent odd years. Specifically why odd versus even, because even years, which are Presidential elections, actually have even greater turn out, 47% 66 The reason I would suggest odd, in keeping with the state level elections, we would actually see less of a swing with our staggered terms, the range is 7% for odd years versus 19% for even years. And why not sooner? We cannot make the deadline based on advertising for the public hearings." Council Member Reid stated that Council should initiate this because there has been overwhelming support for the change. He stated that Council would still have an opportunity to vote it down after the public hearing. Council Member Martinez stated he has been in communities where there are combined elections and his experience is that the local issues never get the full visibility of the press and when they do, they take on the national issue themes. He stated people are being elected because they believe in one thing on a national issue that has nothing to do with what is happening locally. He stated he likes that Leesburg votes in May on Leesburg issues and those that vote are very active in the community and know what is going on. He stated the diversity of opinions on the current Council speaks to the success of the May elections and the fact that there is such a unique Council. He stated he would hate to have candidates running on a national theme who have no idea of what is going on locally. He expressed concern over Council elections becoming more partisan with a November election. Further, he stated currently Council campaigns are two months long and do not compete for campaign funds and attention with everyone else in the November elections. He stated the shorter campaigns make them less expensive. He questioned whether a change will sacrifice having candidates that really care about their neighborhoods for the sake of numbers. He stated the 11 1 Page COUNCIL MEETING October 13, 2010 turnout for Council elections has not been high, but questioned whether the Town has had the type of issues that bring people out. He stated he does not see an angry Leesburg voting block and expressed his strong feeling that the elections should remain in November. Council Member Butler agreed with Council Member Martinez. He stated constitutional amendments were not added to encourage people to vote, but they were put in to allow people to vote. He stated that everyone is allowed to vote in Leesburg and the same people will who can vote in November, can vote in May. He stated it may be easier to vote in November and there may be higher turnout in November, but he questioned whether it would serve the town better. He noted that the one candidate this past election that appeared on neither sample ballot received the highest number of votes. He noted that in May 100% of the people who turn out, turn out to vote in the town elections, but if held in November, virtually no one turns out just to vote for the town elections. He stated that 80% of people voting in November will vote the party line. He stated the goal will not be to have a good campaign and run on the issues, but to get on the sample ballot. He stated in the past three May elections the people who have the most experience with town issues and on town Boards and Commissions have won. He stated this would not happen in November. He stated those who wish to change the elections to November may be afraid of running on town issues and putting their qualifications up against other town candidates and would rather hide behind coat tails of national candidates. Vice Mayor Wright stated that voters vote for things throughout the country throughout the year. He stated that the town is not blocking people from voting by holding the elections in May. He stated he does not want his representatives in Leesburg chosen by whose name sounds the best or what their position is on a national race or whether they have gotten their names on a sample ballot. He stated he wants the people who are making decisions for his community to be chosen on the issues in the community and the best way to do that is to hold the elections separately from the national and state elections. He stated his feeling that if the elections have to be held in November, he would prefer odd numbered years. He stated by blending all those offices together, it will be easy for voters to become confused. He stated that he is not convinced that this will solve all the voter turnout problems. Council Member Dunn stated this is the dark underside of Leesburg politics. He stated people have to make excuses for the real fact that they are able to control the election process by dealing with a few elite voters. Further he noted that even though people are allowed to vote, there are measures just to make that a little tougher in Virginia's history. He noted that more people have written to Council about the need to change the election date than have come to Council since he has been on Council to address taxes. He stated this is about making it easier for people to vote. He discussed the history of changing the election date in the town and noted that five Council members voted against this a year ago because they were concerned it could not be done before the deadlines. 12 1 Page COUNCIL MEETING October 13, 2010 He stated that Hillsboro changed their election date. Further he stated three Council members, Wright, Martinez and Butler, were not interested in having a public input session. He also stated that a lot of people have fought and died to give people the right to vote in this county and we take it for granted. He stated those who are hiding behind non partisanship are practicing their own brand of partisanship. He stated that Council Member Butler was handing out campaign literature for democratic party endorsed candidates. He stated the people on the dais are trying to stifle the people. He addressed several other issues and reiterated that this is not a tradition that the town should value and hold because it is a tradition that was created to keep poor, white, non landowning males from voting when rich, white males were the only ones that were able to vote in Virginia. He stated the state of Virginia has gone through years and years of preventing people from voting. He stated he is not in support of moving the election to odd years because more voters show up in even numbered years and moving it to odd numbered years is a cop out and a way of saying we are used to being able to control the few hundred voters. He stated this Council is trying to prevent an educated electorate voting en mass. Council Member Reid stated his hope that Council will initiate this for odd numbered years and cautioned that a referendum may be for even numbered years since the majority of citizens who have expressed a preference have asked for even numbered years. Mayor Umstattd stated if Council is interested in having the most citizen input, they should go the referendum route. She stated only 1% of the registered voters have emailed; however, the town should be looking at a referendum election which would allow every voter in the town to vote and is the broadest base. She expressed her opinion that even numbered years have an advantage over odd numbered years to alleviate confusion over local elected officials. She stated she would not support this resolution tonight because it is not right for the Council to make the decision on behalf of the voters. She stated her opinion that there would not be a big difference in who gets elected regardless of whether the election is held in November or May. She stated she is not as concerned about partisanship because she feels the Leesburg voters are sophisticated enough to know that they do not have to rely on a partisan ballot; however, she stated there will be more of a tendency for candidates to try to get on partisan sample ballots so that they do not have to bring their own poll workers to the polls. Further, she stated she would prefer to campaign during the summer, rather than in the cold and would appreciate the additional campaign time that would occur with a November election but does not feel it is her decision to make. She stated her feeling that felons should not be able to vote because she does not want to go to the polls knowing that she could be standing next to a murderer, rapist, or child molester even though they have done their time. She added that no one in Leesburg is disenfranchised because everyone has the right to come out in May as well as in November and there are yard signs out in May, so everyone can see that there is an election in May. 13 1 P age 14. NEW BUSINESS a. None. The motion failed by the following vote: Aye: Hammler and Reid Nay: Butler, Martinez, Wright and Mayor Umstattd Vote: 2 -4 -1 (Dunn abstaining) 13. UNFINISHED BUSINESS a. None. COUNCIL MEETING October 13, 2010 Council Member Hammler stated she feels the need to respond to Council Member Dunn. She stated it is not what is said, but how it is said and there were a number of things that were not factual and were very counterproductive in terms of what is best about this town and what is best about what brings the voters out. She commented on the referendum and stated her support; however, there is a process where Council listens to petitioners and makes decisions on behalf of those that Council represents. She stated Council has very intently listened and there was overwhelming support from those that participated in this process that they, as Leesburg voters, want to vote in November and based on statistics there would be an increase of voters for the election. She stated if this does not pass tonight, she would fully support means of increasing awareness for the May elections, which has never been aggressively done. She commented that by seeking odd years, the election would be more aligned with state and local issues rather than national issues which would be a very positive benefit. She stated this is not about convenience for candidates, but a basic expectation that November is when people expect to vote. She expressed her full faith in the ability of the Leesburg citizen to be an informed voter. 15. COUNCIL COMMENTS Council Member Dunn stated that the Mayor is making tactically and politically false statements. He stated when he makes statements about the voting record of Virginia and how it may relate to felons, she portrays it as him being in favor of felons voting and that people will be shoulder to elbow with rapists and murderers. He stated he was just bringing forward Virginia's voting history and he has no position on where the felons should be; however, the people who were here tonight to place plaques for the Martin Luther King march in Leesburg may have some opinions on this because it is the League of Women Voters and the NAACP supporting this because that law was established at the beginning of the 1900s to purposefully keep many black people from voting and to say without any additional study that he is supportive of that legislation shows a need for additional education on that discussion. He stated if he is gruff on this issue, it is because of his passion for this issue and he can only sit by so long and see the timidity of the Council taking rule over this town. He stated he normally sits by quietly and does not interrupt other council members and waits for his turn to speak. He stated that Council Member Comments is a place where council members can speak their piece for five minutes with the respect from other 14 I Page COUNCIL MEETING October 13, 2010 council members not to be interrupted. He stated this is a very dark day for Leesburg when the elected officials are so afraid that they do not even want to hear the public speak. He stated as far as his comments regarding the seating of Council, he and Council Member Reid are more conservative and it gets more liberal moving around the dais. He invited Council Member Hammler to join him on the other side of the dais. He addressed the voting record for this issue to be stifled, and noted the vote was 5 -2 a year ago to not even go forward. He stated the vote a few months ago was 4 -3 to allow for public input only after there was push back from those same five to not have the public hearing take place and now Council Member Hammler has chosen to listen; however, the rest of Council other than Council Member Reid and himself, have not chosen to listen. He expressed his feeling that this is a dark day for Leesburg, but another day is coming where the people can vote easily in November. Council Member Reid stated he would support the efforts to get the election change to referendum regardless of whether it is in an even numbered year or an odd numbered year. He thanked Council Member Hammler for her leadership and diligence on this topic. He stated the Virginia Municipal League conference was very good and they found out that the state is offering access to towns and cities for their fuel pool. He stated it allows the police, utilities, etc. to go to any gas station and get a discount with a special card. He stated there was also a good presentation about public /private partnerships and CDAs and a lot of discussion about budget difficulties. He noted there was a discussion regarding social media and the City of Staunton has 6,200 friends on their website. He stated the City of Virginia Beach spends a lot of time on their Facebook page alerting people about bill paying, etc. He stated there are more complaints about utilities and questioned whether the URAC has been convened. Mayor Umstattd noted that there are still vacancies on the Committee. Council Member Reid stated he is getting a lot of complaints and expressed his feeling that Council made a big blunder with the winter quarter discount issue. He stated to hear the tragedy that is going on in Raspberry Falls where the Board of Supervisors and Loudoun Water have turned their backs on them forcing them to come to the Town even though they do not pay taxes or vote here. He stated he is looking forward to the meeting with the Board of Supervisors. Vice Mayor Wright stated some of the concerns raised at the VML conference were also covered this summer at the VML Finance Committee meeting regarding BPOL and the other things the state wants to take away from localities. Council Member Reid noted that the Governor's spokesperson said BPOL would not be taken away from localities unless they get full town input. Council Member Wright noted the airshow will be occurring on Saturday, October 23 from 10 -4 p.m. as part of the Leesburg Airport Open House and will include wing walking and aerobatics, sky diving, an exotic car show, and a Hangar Dance. He noted funding for this event have been raised through contributions and fundraising. 15 1 P age COUNCIL MEETING October 13, 2010 He stated representatives of Crosstrail are working on a by -right option for the Crosstrail property which would be mainly office and industrial uses with some supporting retail and are looking at utility needs. He stated the airport is still addressing some property needs for the future and advised Council to look for win /win solutions to addressing Crosstrails' need for changes to the town's utility plan. Council Member Martinez apologized to Council Member Dunn for the interruption and noted it showed a lack of courtesy and professionalism on his part. He stated the airshow has been planned for over a year. He stated his appreciation for the Raspberry Falls residents coming in to share their stories with Council. Council Member Martinez stated he has been on Council for eight, almost nine years and there will be disagreements and he hopes that residents appreciate the fact that Council debates and has differences of opinions but can still make decisions that benefit the town. He stated this is a democracy and majority does rule. Further, he stated council members are not on the dais for their own egos, but to do the best for the Town of Leesburg and the surrounding community. He stated he and the Mayor attended the Cherry Blossom race at Morven Park, which was a great fundraiser for Breast Cancer awareness. He stated Halloween is coming and Paxton will be opening the mansion as a haunted mansion fundraiser. He stated he learned at the VML conference that some jurisdictions are moving to IPads for their council members and using Sharepoint portals for information. He stated the good news is the state is moving out of the recession, but the bad news is the town cannot expect any additional money from the state for another five years. He stated there were several towns that took risks for downtown improvements and they have paid off. Council Member Hammler welcomed KD Kidder to the Public Arts Commission. She stated she was in Philadelphia which was one of the first jurisdictions to mandate that all construction projects set aside a certain amount for public art and they are the mural capital of the world boasting more than 3,000 outdoor murals created by their mural arts program. She thanked Mr. Lewis Brodsky from the Department of Defense for attending this evening to present Council with the lovely award. She stated it reminded her of when she would go for her reserve duty, her boss would come and visit and it was an important aspect. She suggested that Council get involved by visiting reservists during their two week AT. She stated during the last First Friday, the downtown was quite busy and energized. She stated both the Loudoun Cares and King Street Coffee ribbon cuttings were held during the evening. She welcomed Tom Flynn as Loudoun County's Economic Development Director and wished a happy birthday to Cate Wyatt, the president of the Journey through Hallowed Ground initiative. 16 1 Page He stated his appreciation for the Raspberry Falls residents coming to speak to Council. He applauded them for staying throughout the entire meeting. COUNCIL MEETING October 13, 2010 Council Member Butler stated his comment about being absurd was not directed at Mr. Berg, but at Council Member Dunn and stated he admires the passion of all the citizens involved with moving the election date. He verified the Halloween Parade will be held on October 31s He stated that King Street Coffee was great and they have bagels and he had an opportunity to commute to work on a bicycle and saw a little way- station near Smith's Switch Road. He proposed that the town add three of those, one at each entrance to the town and one at King Street so bicyclists will not only have a chance to stop and rest but also be encouraged to see the town. 16. MAYOR'S COMMENTS Mayor Umstattd stated her appreciation for the Council members who attended the Rehau ground breaking for their environmentally responsible demonstration building at the end of September. She congratulated Col. Jay Greeley, who just retired. She thanked Airport Director Tim Deike for allowing her to ride on his Harley during the Police Department's Poker Run. She stated she attended the St. John's groundbreaking with several council members, which was wonderful. She noted Aiyara Thai on Catoctin Circle celebrated their one year anniversary and she cut the ribbon on the new Loudoun Credit Union offices off Sycolin Road. She stated she also cut the ribbon for the new orthodontics office in Fort Evans II. She thanked Laura Titus, who lost her mother four years ago to Breast Cancer, for cutting the ribbon at the Cherry Blossom race. She disclosed a meeting with Peter Burnett and Don Culkin on a new proposal for the Loudoun Street property. She noted they will be meeting with all members of Council as soon as possible. 17. MANAGER'S COMMENTS Mr. Wells stated just over $45,000 was raised from the private sector and Loudoun County and the state supplied grant money for the air show, which far exceeds the previous estimates on how much could be raised. He stated Mr. Flynn will be invited to meet Council and the EDC once he gets started over at the County's Economic Development Office. 18. CLOSED SESSION On a motion by Mayor Umstattd, seconded by Council Member Reid, the following was proposed: Pursuant to Section 2.2- 3711(A)(3) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of discussing the acquisition of easements for Battlefield Parkway. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd 17 I Page COUNCIL MEETING October 13, 2010 Nay: None Vote: 7 -0 The Council convened in Closed Session at 10:16 p.m. The Council reconvened in Open Session at 10:45 p.m. On a motion by Mayor Umstattd, seconded by Council Member Reid, the following was proposed: In accordance with Section 2.2 -3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 10:45 p.m. Kristen C. Umstattd, Mayor Town of Leesburg 18 Page