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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 1IPage 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 2I Page COUNCIL MEETING January 25, 2011 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. 31 Page COUNCIL MEETING January 25, 2011 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. 4 1 Page COUNCIL MEETING January 25, 2011 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. 5 1 Page COUNCIL MEETING January 25, 2011 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 6 1 Page COUNCIL MEETING January 25, 2011 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: 7 1 Page COUNCIL MEETING January 25, 2011 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. 8I Page COUNCIL MEETING January 25, 2011 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 9 1 Page