HomeMy Public PortalAbout2011_tcmin0125COUNCIL MEETING January 25, 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 ITEMS
1. CALL TO ORDER
2. INVOCATION was led by Council Member Dunn
3. SALUTE TO THE FLAG was led by Council Member Butler
4. ROLL CALL showing all Council Members present.
5. MINUTES
a. Work Session Minutes of January 10, 2011
On a motion by Council Member Hammler, seconded by Council
Member Butler, the work session minutes were passed 7 -0.
b. Regular Session Minutes of January 11, 2011
On a motion by Council Member Martinez, seconded by Council Member
Hammler, the minutes were passed 7 -0.
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.
7. PRESENTATIONS
a. Certificates of Recognition Loudoun County High School Girls
Volleyball
On a motion by Council Member Hammler, seconded by Council
Member Butler, Certificates of Recognition were presented to the members,
coaches and support staff of the Loudoun County High School Girls Volleyball
team who won their Fourth State title.
Colleen Bowlds
Rachel Harrison
Gabby Serafin
Sammy Dormio
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COUNCIL MEETING January 25, 2011
Jordan Leiter Kathleen Horvath
Georgi Fox Danielle Cullen
Megan Fox Kelsey Anderson
Jenna Strange Rachel Arigo
Rachel Roberts Katrina Kirby
Maggie Philips Taylor Huewe
Anthony Vespoli, Manager
Megan Santos, Head Trainer
Fred Caprio, Student Trainer
Jenica Matthias, Coach
Jarod Brown, Coach
Laura Stevens, Coach
Sherrilyn Hanna, Coach
John Brown, Coach
8. PETITIONERS
The Petitioners section was opened at 7:33 p.m.
Barbara Tobler stated she is aware of the employment policies at the Ida Lee
Tennis Center. She stated they are objectionable and feels that if someone is working for
the town and for the citizens, they should be able to be full time employees if that is the
number of hours that they work. She stated it would be the ethical position to take and
they should get health care coverage. She stated she hopes the Council will be willing to
fix this problem now that they are aware of it.
The Petitioners section was closed at 7:37 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following consent agenda was proposed:
a. Making an Appointment to the Economic Development Commission
(Hammier)
RESOLUTION 2011 -006
Making an Appointment to the Economic Development Commission
b. Replacement HVAC System for the Leesburg Public Safety Center
RESOLUTION 2011 -007
Awarding a Contract to Replace the Heating Ventilation and Air
Conditioning System at the Leesburg Public Safety Center to Harvey W.
Hottel, Inc. in the Amount of $123,068.00
c. Performance Guarantee for Oaklawn at Stratford, Landbay "C"
RESOLUTION 2011 -008
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Making a Reduction of the Performance Guarantee for Public
Improvements Installed in Oaklawn at Stratford Landbay "C"
d. PMW Farms Sanitary Sewer Extension New Performance Guarantee
RESOLUTION 2011 -009
Authorizing a Performance Guarantee and a Sewer Line Extension
Permit for PMW Farms Sanitary Sewer Extension
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 INPUT SESSIONS
a. Parking Garage Public Input Session
The session was opened to public input at 7:40 p.m.
Mr. Wells stated this input session was directed at the time Council
directed the holiday parking program and the program remains in effect through
February 23.
Butch Porter, stated he is representing the Leesburg Downtown Business
Association. He stated the downtown businesses have benefited. Further, he
stated there have been no complaints about a downside to the free parking. He
stated the core issue is that anywhere else you go to shop in town, you don't have
to pay for parking. He noted that people do not carry cash with them anymore,
so if they do not have cash, they may not park in the downtown.
The session was closed at 7:44 p.m.
Council Member Butler noted that what is currently being done is not one
of the options presented. He made a motion to extend the free parking
indefinitely above the basement level after the current program expires in
February.
The motion died for lack of a second.
Council Member Reid stated he had misgivings about this program,
initially. He stated the garage appears to be getting more use but it appears to be
from people who do not have access to parking; however, he stated there have
been no complaints. He made a motion to continue the program until February
22 at which time the Town Manager will return with specifics on how to extend
the free parking. He cautioned that when the economy rebounds, there could be
a problem with people not being able to find space.
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Council Member Hammler stated she would support having a work
session discussion to determine how to best proceed with free parking after
February 22.
Mr. Wells stated one of his recommendations may be to maintain the rate
structure as it is as well as adding paid parking on evenings and weekends
through an automated system.
Council Member Dunn stated he did not want another work session. He
suggested extending it longer to get information across various seasons.
Council Member Butler stated he would like to see the garage full all the
time and he would like to make it easy for people to park.
Council Member Reid stated there are no complaints now because the
economy is down and a lot of people currently using the garage are not
customers. He stated he is anticipating at some point, people will be clamoring to
get into the garage.
Council Member Martinez stated everywhere else, including Reston
Town Center, have free parking for customers and employees.
Mayor Umstattd stated it would be beneficial to see a fiscal impact study
done. She stated there are annual costs for the garage and the town has never
made back the debt service cost on the bonds. She stated because it is a
municipal garage, there is a fiduciary responsibility to the taxpayers not to put on
their shoulders costs that might be willingly be borne by customers and visitors
that want the parking. She stated the garage could charge a reasonable fee that
could take some of the burden off the taxpayers.
The motion to allow free parking in the garage until February 22 and hold
a work session to determine other options was approved by the following vote:
Aye: Butler, Hammler, Reid, Wright and Mayor Umstattd
Nay: Dunn and Martinez
Vote: 5 -2
11. INFORMATION ITEMS
a. Sycolin Flyover
Mr. Wells stated there is a draft letter, as requested yesterday evening,
thanking him for adding this to his list of potential projects and encouraging
continued support for the project, particularly funding.
Council Member Reid made a motion to approve the letter, seconded by
Vice Mayor Wright.
Vice Mayor Wright asked that the State delegation be added to the list of
those receiving copies.
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issues.
The motion to send the letter was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Aye: 7 -0
12. RESOLUTIONS AND MOTIONS
a. Legislative Update
Betsy Fields stated the report provided is categorized by topic. She
reviewed several legislative items that could have a direct impact on the town.
Mayor Umstattd questioned whether these proposed regulations would
require the town to prohibit the selling of fertilizers in the town.
Ms. Irby stated the regulations would make the town responsible for the
results of the fertilizers on the waterways. She noted that the exact requirements
have not been studied yet.
Mr. Wells stated Council has not taken a position on the majority of these
Council Member Dunn stated he would rather not see staff's opinion on
this report.
Mayor Umstattd stated she finds it helpful because she considers staff to
be very knowledgeable and informed on the legislative agenda that Council set
and Council policy.
Vice Mayor Wright questioned which items on the town's legislative
agenda were introduced and which ones of those are still being considered by the
General Assembly.
Ms. Fields stated two items were introduced, one regarding speed limits
and the other a reciprocal collection agreement with the county. She stated both
items are still alive and one has passed the senate. She noted two bills are in
committee that appear to be the first step in removing local taxing authority on
cigarettes, much like was done with communications taxes several years ago.
Ms. Fields stated that SB 1475 was introduced by Senator Herring and co-
sponsored by Delegate May.
Council Member Reid stated he would like to have a conversation in
Richmond with some of the delegates as to their reasoning for not forwarding
some of the town's items for study.
Ms. Irby stated that Senate Bill 1475 proposed by Senator Herring and
Delegate May, which is special legislation because it deals only with one locality.
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She stated it requires 2/3 passage in both houses and would take away some of
the authority that Council has in setting utility rates. She stated at the current
time, the bill only applies to Leesburg, but Delegate May has opined to the press
that he would be amenable to having other localities share the pain of this as
well.
On a motion by Council Member Martinez, seconded by Council Member
Reid, the following was proposed:
RESOLUTION 2011 -010
Opposing SB 1475
Council Member Martinez stated the town has just spent the last two to
three years fighting to keep the right to legislate its own rates.
Vice Mayor Wright stated he was surprised by this legislation after having
very specific conversations with members of the state delegation and highlighting
to them what he believed to be the majority position of the Council, that the
Council did not view the Supreme Court's ruling as a blank check, but simply an
affirmation that it is the Council's duty to set rates that are fair, reasonable,
practical and equitable moving forward. He stated that this provides the
appropriate protections to all.
Council Member Hammler concurred that this Council has worked very
hard to set a positive tone with community building in the greater Leesburg area.
She stated this piece of legislation only serves to increase tensions and is very
detrimental. She stated the facts being represented by Senator Herring in the
press are incorrect. She stated no one has ever mentioned a 200 -300 percent
surcharge, but the Mayor did echo the language recommended by the consultant
and the majority of Council did not support that particular language. She stated
she cannot support any legislation at the General Assembly level that would give
veto power at the Board of Supervisors over the Council's authority to set water
rates.
Council Member Butler stated this bill is unfortunate for a number of
reasons. He stated he understands the position of the out of town water and
sewer users, but this is not the way to do it. He stated ever since the date of the
infamous 110% water surcharge vote, he has been advocating that 50% is about
the right place and is currently at 47 He stated if this bill was simply about
changing language and the relevant ordinances in response to the recent Supreme
Court ruling, he would understand, but this bill clearly reduces the legislative
authority of the town. He questioned why the largest municipality in Virginia
should not have the authority to run its own water system. He stated this bill
singles out Leesburg as the only locality in Virginia that cannot be trusted to do
the right thing even though there is a near unanimous majority on Council that
has no intention of raising the differential and has been working hard on multiple
fronts to find the best long term solution. He stated this bill is a slap in the face
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for those who have worked hard to get the town where it is. He stated this bill
has fanned the flames of mistrust and re- energized the neighbor against neighbor
conflict and may end up encouraging more lawsuits. He stated he has urged
Senator Herring and Delegate May to withdraw the bill and work with the
Council to find a long term, fair, and equitable solution that addresses everyone's
concerns. He stated the results of this bill will be more conflicts and likely higher
costs for the out of town customers.
Council Member Dunn stated it is easy to make targets out of the
Leesburg Town Council, when in reality, the state needs to look at how
municipalities are managing utility systems and give the authority back to the
local jurisdictions to legislate how towns and counties work together. He stated
he would support investigating the possibility of creating a water authority with
the County.
Council Member Reid stated when he read the town's legislative agenda
to the delegation hearing, he made a point to say that the Council majority has
no interest in reinstituting a 100% surcharge and all the measures the town is
instituting are designed to make the rates more fair and reasonable for in and out
of town residents. He stated the report due from URAC next month will be
about how to deal with the snow bird issue and the winter surcharge. He stated
his assurance to the out of town customers that he does not support a higher
surcharge for out of town customers.
Mayor Umstattd stated one of the things that deeply offended her about
this particular bill was that neither Senator Herring or Delegate May had the
courtesy to inform the citizens of Leesburg that they were planning to introduce
it. She stated she is more troubled by the fact that this was done in the dark with
some out of town customers, than by the fact that it was kept from the Town
Council and most of the supervisors on the Board of Supervisors. She stated the
majority of Council supports improved relations with the out of town customers
by reducing the out of town surcharge, yet Senator Herring and Delegate May
pulled the rug out from under the majority of Council. She stated the Council
has the right to get the best return on investment for the taxpayers within the
town. She stated if this was a company with shareholders, they would be
expected to maximize their investment. She noted that the Board of Supervisors
have no experience with budgeting for a utility since Loudoun Water is an
independent entity.
Council Member Martinez stated he understands Senator Herring and
Delegate May trying to fix something, but it is not broken. He stated in
hindsight, they will find they would have been better served to talk to the Town
Council, either independently or as a group to discuss this and perhaps they
could have understood what the Council's goals are.
The motion was approved by the following vote:
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Council Member Hammler stated it will be important to have an action
plan so all of Council can be directly involved.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. CLOSED SESSION
a. None.
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7 -0
16. COUNCIL COMMENTS
Council Member Dunn wished everyone a happy Twelfth Night.
Council Member Reid disclosed a conversation with Chris Gleckner of Walsh
Colucci regarding the Toyota Special Exception. He also disclosed a conversation with
Gary Samuels about a proposed daycare center at the corner of Tavistock Drive and
Sycolin Road.
Vice Mayor Wright disclosed a meeting with representatives looking at the
possible redevelopment of the Loudoun Times Mirror site. He stated there is a huge
contingent of Steeler Nation in Leesburg, one of which is his wife.
Council Member Martinez (comments were not audible).
Council Member Hammier thanked staff and all the commission members for
attending last night. She stated it was a great meeting with great ideas exchanged. She
thanked the DIA for the Kennedy Lawson Smith presentation, which she found to be
excellent. She noted on February 21, Mary Fishback, who is the author of Images of
America Leesburg, will be signing copies of her book at Dodona Manor.
Council Member Butler stated he enjoyed the Martin Luther King, Jr. parade
which was well attended. He stated there will be a blood bank where he works next
week and encouraged everyone to give blood.
17. MAYOR'S COMMENTS
Mayor Umstattd thanked the volunteer fire department and rescue squad for
hosting their banquets and inviting Council. She noted that the rescue squad was called
to a facility in Leesburg and most of the squad ended up coming down with Norovirus
as there was an outbreak at the facility but no one informed them of the risk. She
encouraged everyone to look at the Martin Luther King Day march markers.
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18. MANAGER'S COMMENTS
Mr. Wells thanked all the new Steeler fans for joining in.
19. CLOSED SESSION
Mayor Umstattd made the following motion:
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 receiving
updated information with regards to the potential purchase of the property at 1 Country
Club Drive, SW.
The motion was seconded by Council Member Reid and approved by the
following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
The Council convened in Closed Session at 8:59 p.m.
The Council reconvened in Open Session at 9:24 p.m.
On a motion by Mayor Umstattd, seconded by Vice Mayor Wright, the following
motion was made:
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.
20. ADJOURNMENT
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
meeting was adjourned at 9:24 p.m.
Umstattd, Mayor
Town of Leesburg
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