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HomeMy Public PortalAbout2011_tcmin0111COUNCIL MEETING January 11, 2011 Council 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 Members Absent: None. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Zoning Administrator Chris Murphy, Economic Development Manager Marantha Edwards, Deputy Director of Planning and Zoning Brian Boucher, Director of Parks and Recreation Richard Williams, Deputy Director of Parks and Recreation Kate Trask, Recreation Programs Manager Jeremy Payne, and Clerk of Council Lee Ann Green AGENDA 1. CALL TO ORDER 2. INVOCATION was led by Council Member Reid 3. SALUTE TO THE FLAG was led by Council Member Martinez 4. ROLL CALL showing all Council Members present. 5. MINUTES a. Work Session Minutes of December 13, 2010 On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the work session minutes were passed 7 -0. b. Regular Session Minutes of December 14, 2010 On a motion by Vice Mayor Wright, seconded by Council Member Butler, the minutes were passed 7 -0. ITEMS 6. ADOPTING THE MEETING AGENDA (Amendments and Deletions) Vice Mayor Wright made a motion to adopt the meeting agenda as presented. It was seconded by Council Member Martinez. Council Member Reid offered a friendly amendment to move the Item 12c Adopting Rules of Procedure for Appeals to the Town Council back to the Consent Agenda. This was accepted as friendly. The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 11 Page COUNCIL MEETING January 11, 2011 7. PRESENTATIONS a. Certificate of Appreciation Stilson Greene (Jingle Jam Co- organizer) On a motion by Council Member Martinez, seconded by Council Member Hammler, a Certificate of Appreciation was presented to Stilson Greene, co- organizer of Jingle Jam, a community event that embraces the holiday spirit, brings nationally recognized musical talent to the stage in Leesburg, and raises funding to support local charity organizations. b. Certificate of Appreciation Todd Wright (Jingle Jam Co- organizer) On a motion by Council Member Martinez, seconded by Council Member Hammler, a Certificate of Appreciation was presented to Todd Wright, co- organizer of Jingle Jam, a community event that embraces the holiday spirit, brings nationally recognized musical talent to the stage in Leesburg, and raises funding to support local charity organizations. c. Certificate of Appreciation Leesburg Garden Club On a motion by Council Member Martinez, seconded by Council Member Hammler, a Certificate of Appreciation was presented to the Leesburg Garden Club, for the decorations for Thomas Balch Library. d. Introduction of Thomas Flynn, Director of Loudoun County Economic Development Marantha Edwards welcomed Leesburg District Supervisor Kelly Burk and County Administrator Tim Hemstreet. Kelly Burk stated that Tim Hemstreet is no longer the new County Administrator since he has been with the County for almost a year. Mr. Hemstreet introduced the new economic development director, Thomas Flynn, who comes to Loudoun from Charlotte, North Carolina, where he was for 30 years, the last half of which were solely in economic development. He stated he has a wealth of experience in the field and his efforts since his arrival have been very positive. He stated in the coming years, there will be additional outreach to support the town's efforts in economic development. Thomas Flynn stated he looks forward to working with the town on the incubator project, as small business entrepreneurship is a key way to continue to grow the economy. He stated he looks forward to working with the Council in growing Leesburg and Loudoun County. 8. PETITIONERS The Petitioners section was opened at 7:44 p.m. Richard Fernandez, 538 Deermeadow Place, thanked Council for the due diligence performed with respect to the water rates for out of town users. He stated that was a fair solution to providing water to those users who do not pay taxes to the Town of Leesburg. He stated there have been a lot of articles lately regarding providing water 2 1 Page COUNCIL MEETING January 11, 2011 service to communities north of Leesburg. He stated the town does not need to perpetuate the problem of providing water to out of town users so that later they can come back and complain or sue the town and waste town tax dollars. He stated if the residents of Raspberry Falls want water from the Town of Leesburg, they should be annexed into the town so they can get the privileges and services for the taxes they pay. He stated his belief that most of the residents knew the issues when they bought their homes. He stated some of the Raspberry Falls residents moved out of the town so that they would not have to pay town taxes, and now they want the best of both worlds. He stated if any community outside the town wants water, they should be annexed and then pay in town rates and town taxes. The Petitioners section was closed at 7:48 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Hammler, seconded by Council Member Butler, the following consent agenda was proposed: a. Requesting the Virginia Department of Transportation (VDOT) Accept Certain Streets RESOLUTION 2011 -001 Requesting the Virginia Department of Transportation (VDOT) Accept Certain Streets b. Authorizing an Offer to Acquire Right of Way Dedications and Easements for the Turner Harwood Drainage Improvements Project RESOLUTION 2011 -002 Declaring that a Public Necessity and Use Exists and Authorizing an Offer to Acquire Right of Way Dedications and Easements for the Turner Harwood Drainage Improvements Phase I and Phase II Project c. Approval of the Next Town Hall Art Gallery Exhibit Photography by Gary Mester, Written in Light Photography RESOLUTION 2011 -003 Town Hall Art Gallery Approval of the Next Art Exhibit by Gary Mester Written in Light Photography d. Budget Update #5 RESOLUTION 2011 -004 Authorizing the Town Manager to Implement a Reduction in Force Policy e. Town Manager's Contract Amendment 3 1 Page COUNCIL MEETING January 11, 2011 f. Official Naming of the Tree and Menorah Lighting Ceremony g. MOTION 2011 -001 Approving the Town Managers Contract October 1, 2010 through September 30, 2012 MOTION 2011 -002 Officially Naming the Christmas Tree and Menorah Lighting Ceremony Adopting Rules of Procedure for Appeals to the Town Council MOTION 2011 -004 I move that the Rules of Procedure for Appeals to the Town Council from the B.A.R. be adopted as proposed and serve as a guide for other appeals that may come before the Town Council incorporating the correct standard of review as legally required The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7 -0 10. PUBLIC HEARINGS a. Renewal of Comcast Franchise Agreement The public hearing was opened at 7:50 p.m. Jeanette Irby recognized Matt Ames, the town's outside counsel who negotiated the franchise agreement, Scott Parker, Wendy Wickens, and John Wells who were part of the negotiating team. She thanked the Technology and Communication Commission, specifically Oliver Peters and JB Anderson, who participated in negotiations. She stated that Comcast, which was formerly Adelphia Communications, was one of the first franchise agreements that the town executed over 10 years ago. She stated the process started early last year with meetings with the Technology and Communication Commission. The agreement was originally set to expire in October 2010; however, negotiations were not complete, so the agreement was extended until February 1, 2011 in order to reach an agreement that was acceptable to all parties. She stated the town has held several public input sessions, at the Technology Commission and before Council, to solicit input and concerns from commission members and the general public. Additionally, she stated the Technology Commission has been briefed throughout the process and have had access to all the documents via Sharepoint. She stated that commission members have been invited to attend all the negotiations and did so when their schedules permitted. She noted that the legal issues were outlined in Mr. Ames' memo and include the fact that the agreement 4 1 Page COUNCIL MEETING January 11, 2011 protects the town's financial interest and is a good deal in light of the present law. She stated the town cannot outright deny a franchise without a great deal of trouble. She stated the present federal and state statutes limit the ability to negotiate the agreement. She stated some additional advantages with respect to the wishes of the residents of the town. She stated the I -Net will allow interconnectivity of all town services including the telephone system, which is Voice Over Internet. Ms. Irby reviewed pertinent parts of the agreement for Council. She stated there are two separate agreements, the franchise agreement for cable and the I -Net for fiber. Oliver Peters, stated he is a member of the Technology and Communication Commission. He stated the PEG (public education and government) programming. He stated those channels are specifically run by government, education and the public. He stated Comcast will abandon the studio in Ashburn in a few months. He stated he is concerned about the loss of these 26 channels and its effect on the residents of Leesburg and Loudoun County. He questioned whether it is feasible to get the three entities to solve this public access problem. He questioned whether the town would be willing to talk to the county and the school board to move forward with a plan. Ms. Irby stated it is a good idea that the parties share resources and work together for a solution. There was Council consensus for support for this effort. Ms. Schuyler of Comcast confirmed that the public access channel will still be available for the programming, but the studio will cease to exist for production of programs. The public hearing was closed at 8:14 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following was proposed: RESOLUTION 2011 -005 To Provide for an Extension Until Renewal of the Cable Television Franchise Agreement Held by Comcast of California Maryland Pennsylvania Virginia West Virginia, LLC "Comcast or the "Franchisee for a Period of Fifteen (15) Years to Terminate February 1, 2026; to Provide for a Fiber Net Agreement between Comcast of California Maryland Pennsylvania Virginia West Virginia, LLC "Comcast" or the "Franchisee and the Town of Leesburg for a Period of Fifteen (15) Years, to Terminate February 1, 2026 The motion was approved by the following vote: 5 1 tag COUNCIL MEETING January 11, 2011 11. ORDINANCES a. None Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 12. RESOLUTIONS AND MOTIONS a. Awarding the Contract for Fitness Center Equipment On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the following was proposed: RESOLUTION Awarding Two Purchase Contracts for Cardiovascular Fitness Equipment at Ida Lee Recreation Center Totaling $248,467.90 Vice Mayor Wright questioned why this is being voted on a second time. Mr. Wells stated the first time created the overall authorization for the funding and this is the contract award for the company, the amount of which is beyond his ability to approve administratively. Council Member Hammler stated she would not be supporting this because she specifically wanted some key features, which are not available on the new model treadmills. She stated this will make it a less favorable experience for users at Ida Lee. Further, she stated she would be happy to try to get as much use as possible from the existing equipment, particularly in these hard economic times. Council Member Reid stated the town would be better off saving the $250,000 for this fiscal year. He stated if the fiscal year improves, it can be revisited. He stated when it comes to getting exercise equipment that will not meet the needs of regular users or laying people off, he will side with saving the money. Council Member Dunn questioned whether the current equipment could last for another year. Mr. Williams stated the current equipment is old and past its recommended lifespan. He stated there are components of the equipment that are hard to replace. Council Member Dunn stated the amount could mean that three more staffers could keep their jobs for another year. 6 1 Page COUNCIL MEETING January 11, 2011 Mayor Umstattd stated she is finding these arguments to be very persuasive. She questioned whether there is a risk of physical danger to the public using the older equipment. Mr. Williams stated he would not say there is a risk of physical danger, but purchase of the new equipment would ensure the financial viability and success of the recreation center. He stated there are numerous options for people to utilize physical fitness equipment throughout town and Ida Lee Recreation Center would like to position itself in the best place possible to make its product as attractive as possible to that customer base. Further, he noted that the feature that Council Member Hammler is concerned about is available and can be accessed through an additional button. Mr. Wells stated the funds for this purchase were set aside by Council as part of the Capital Asset Replacement Fund, which were fund balance dollars, which are not part of current revenues used for current operations. Council Member Martinez stated his concern is there will be equipment that is out of service and long lines will cause customers to go elsewhere. He stated he is concerned about losing customers. Council Member Butler pointed out that given the expected lifespan of the proposed new equipment from a capital asset replacement point of view, it is $35,000 per year for the next seven years. He stated that waiting a year does not save $250,000, but only $35,000 per year which is probably consumed by maintenance. Further, he stated the town could easily lose more than $35,000 in revenue per year if customers decided to go somewhere with more up to date equipment. Council Member Hammler stated she has tried the machines at the other fitness centers and likes Ida Lee best because the features she is looking for are not available on the newer machines. She suggested tabling the item for two weeks to get a wider array of feedback. Mr. Williams stated the equipment could be gradually replaced, but all the equipment is well beyond its usable life and with electronics, it either works or does not work on any given day. Further, he stated there is a volume discount on purchase of the machines as well as trade in value for the old machines. He stated the older the machines get, the less trade in value they have. Council Member Dunn noted that the Town Manager can spend $100,000 any time to replace almost half the equipment without Council approval. Mr. Wells noted the $230,000 contract amount is predicated on the purchase of a certain number of machines and trade in of a certain number of machines. 7 1 Page COUNCIL MEETING January 11, 2011 Mayor Umstattd questioned when the contract pricing expires? Mr. Williams stated he would have to review the contract to see if there is an expiration. He noted that the pricing included a trade in of the old equipment of $1,600, which is incorporated into the price. He stated the trade in value of the old equipment will decrease as it ages and not exist for completely broken pieces of equipment. Council Member Hammler stated she has never had to wait for equipment at Ida Lee for more than a minute. Further, she stated that not purchasing the equipment at this time will send a message to the vendor that there are important features that are not being included. Mayor Umstattd confirmed that it is not illegal to take money from the Capital Asset Replacement Fun for other purposes. Council Member Butler pointed out that $35,000 per year or $250,000 every seven years is the same amount. Further, he noted that the older the equipment becomes, the smaller the customer base will become as they migrate to places with newer equipment. He stated that privately owned gyms buy top of the line equipment and replace it on schedule because that maximizes their revenue. Council Member Hammler made a motion to table for two weeks. The motion to table was defeated by the following vote: Aye: Hammler, Reid and Mayor Umstattd Nay: Butler, Dunn, Martinez, and Wright Vote: 3 -4 The original motion for the contract award failed on the following vote: Aye: Butler, Martinez and Wright Nay: Dunn, Hammler, Reid, and Mayor Umstattd Vote: 4 -3 b. Form Based Code Direction On a motion by Council Member Butler, seconded by Vice Mayor Wright: MOTION 2011 003 I move that the Leesburg Town Council direct staff to schedule a public hearing on TLOA 2009 -0006 and TLZM 2009 -0006, the Form -Based Code ordinance text and map amendments, based on the Planning Commission recommendations for the maps and text with the addition of light industrial use as permitted and /or special exception uses. I further move that the date for the public hearing be targeted for February 8, 2011 8 1 Page COUNCIL MEETING January 11, 2011 and that a public input forum be scheduled prior to the public hearing targeting the first week in February Council Member Butler stated he would prefer a larger area for Form Based Code; however, he is willing to go with the Planning Commission recommendation. Vice Mayor Wright stated his belief a public hearing would serve the town well, as well as a public input session. He stated the addition of light industrial gives the option of discussion during the public hearing. He noted that the public has been fully engaged throughout the process and will continue to be fully engaged. Council Member Reid stated he was disappointed that there has been no opportunity to look at alternatives. He stated adding a design element to the code would be good. He expressed his request that the residents of South and Royal Streets or the trailer park are fully engaged and /or aware of what this could do if that property is developed. Council Member Dunn stated he would like to consider Form Based Code inside and outside the bypass. Ms. Irby asked for clarification on what area the Planning Commission studied at their public hearings. Ms. Berry Hill stated the second public hearing in June was for the smaller area that is currently proposed. Ms. Irby expressed concern that if the area is increased over the area the Planning Commission considered, it may have to go back to the Planning Commission. Council Member Dunn made a motion to amend using the language in Option #3. The motion was seconded by Council Member Reid. Council Member Dunn stated this would give an opportunity to use Form Based Code now in greenfield areas. Vice Mayor Wright agreed that there are opportunities to use components of Form Based Code in the H -2 district. The motion to amend failed by the following vote: Aye: Dunn Nay: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Vote: 1 -5 (Reid absent) The main motion was approved by the following vote: 9 1 Page COUNCIL MEETING January 11, 2011 Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: Reid Vote: 6 -1 On a motion by Council Member Dunn, seconded by Vice Mayor Wright, the following was proposed: 14. NEW BUSINESS a. None. 15. CLOSED SESSION a. None. MOTION 2011 -005 I move that Council schedule a work session on the Form Based Code to discuss how the Zoning Ordinance might be amended to address `greenfield' development and redevelopment inside and outside the bypass, by implementing appropriate aspects of the FBC to achieve Town Plan goals for this area and initiation to the Planning Commission for recommendation The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 Council Member Reid requested that the residents of South, Royal and the mobile home park receive notice of the public hearing and input session by flyer so that they can participate. Mayor Umstattd stated all the residents need to be advised that this could have implications for traffic patterns. 13. UNFINISHED BUSINESS a. None. 16. COUNCIL COMMENTS Council Member Reid disclosed a meeting with Walsh Colucci regarding the expansion of the Toyota dealership on Cardinal Park Drive. He urged everyone to watch the Grill Sergeants on the Pentagon Channel. He questioned what the troops are eating in Iran and Iraq so he sent a Facebook message to his friend, Kerry Roberts, who served on the Standing Residential Traffic Committee, and he found out that they are eating very well. 10 P age COUNCIL MEETING January 11, 2011 Vice Mayor Wright disclosed a meeting with Walsh Colucci regarding the Toyota expansion. He thanked Council Member Reid for his invocation acknowledging the tragedy in Tucson. Council Member Martinez (comments were not audible). Council Member Hammier thanked Delegate May and Senators Vogel and Herring for coming to listen to the town's list of priorities. She thanked Tom Flynn for coming out and requested that the County EDC move their meetings back to Leesburg. She stated the Route 28 CPAM was discussed by the county EDC and everyone supported not supporting Delegate LeMunyon's proposal regarding all bodies that touch the toll road participating in a group against toll road increases. She stated that representatives from One Loudoun officially mentioned there will be another ground breaking. She stated she received an email from the president of the Tuscarora High School Student Council and would like to get their group involved in a mentorship with the Town Council. She stated that Town Manager John Wells symbolizes the highest level of integrity and leadership and a sincere desire to serve others and create innovative opportunities by bringing people together thus making the world in Leesburg a better place. Council Member Butler disclosed a discussion with Walsh Colucci. He stated they went to La Lou Bistro for his son's birthday. He stated he rides his bike to work most days and is kept toasty warm in the clothes he purchased at Bicycle Outfitters. He stated he enjoys the Town Hall Art Gallery displays and looks forward to the new display. Council Member Dunn disclosed a phone conversation with the people at the Toyota dealership. He stated the mentoring program sounds good. He reminded everyone that it is Pinewood Derby time for cub scouts and the Pinewood Derby at Balls Bluff will be January 29. He stated the victims and their families of the tragic events in Tucson are in his prayers. 17. MAYOR'S COMMENTS Mayor Umstattd recommended that everyone look at the memorial stones for the Martin Luther King march. She thanked Parks and Recreation Department and the I Have a Dream Committee for their work on this. She agreed that Town Manager John Wells is extremely honorable and has declined any raise or increase that has been offered because of his concern about the work force. 18. MANAGER'S COMMENTS Mr. Wells stated he appreciates the vote on his contract. He stated he considers that vote a real indication of the Council's support of what is being done as an organization. He stated he is proud of town staff and thanked them as he feels they are what makes the organization what it is. He noted that the Martin Luther King Day March markers are very nice. 11 1 Page COUNCIL MEETING January 11, 2011 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 9:34 p.m. 2011 tcmin0111 C. mstattd, Mayor Town of Leesburg 12 I F'age