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HomeMy Public PortalAbout2011_tcmin0322COUNCIL MEETING March 22, 2011 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Thomas Dunn, II, 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, Economic Development Manager Marantha Edwards, Senior Management Analyst Bob Berkey, Senior Management Analyst Annie Carlson, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Council Member Butler 3. SALUTE TO THE FLAG was led by Major Kerry Roberts who recently completed a tour of duty in Afghanistan. Major Roberts presented the Town with a traditional Afghan message cylinder. 4. ROLL CALL showing all Council Members present. 5. MINUTES a. Work Session Minutes of March 7, 2011 On a motion by Council Member Martinez, seconded by Council Member Butler, the work session minutes were passed 7 -0. b. Regular Session Minutes of March 8, 2011 On a motion by Council Member Martinez, seconded by Council Member Butler, the regular session minutes were passed 6 -0 -1 (Dunn abstaining). 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 Reid and approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 7. PRESENTATIONS a. Introduction of Patrick Kaler Visit Loudoun Mr. Kaler stated he just started in his new position with Visit Loudoun and has moved to Leesburg. He stated he will be coming before the Council quarterly to give the Council updates. 1 1 Page COUNCIL MEETING March 22, 2011 8. PETITIONERS Sally Kurtz, Catoctin District Supervisor, stated the county and the town have three areas of disagreement between the two bodies: 1) long term disagreement on the rate differential for utilities that serve out of town customers; 2) equity in fiscal support for school resource officers; and 3) proffers from the Villages at Leesburg. She stated that two of these are long- simmering disagreements. She stated several years ago, the county suspended talks about utilities because the town was in litigation. She stated the town has asked for equity with the SROs for years. She stated she appealed to Council members privately to come to the table regarding these matters. She urged the county and town to sit down and get all the facts on the table with respective legal staff present. She stated allowing these disagreements to go on for years is a disservice to those the Board and Council represent. Amy Sibley, 823 Melody Court, stated she is a resident of Tavistock Farms and is asking for Council's support in opposition of the Loudoun County Master Plan for expansion of county support systems as they are currently proposed. She stated she reached out to the county regarding the future plans for this property behind a Tavistock home she wished to purchase and after the county assured her that the only plans were for Bolen Park, she was satisfied and confidently made her purchase. She stated it is irresponsible to build delinquent facilities on the corner of the property closest to a residential neighborhood. She stated she challenges the Board of Supervisors to find a more appropriate place to locate criminal residences and asks the Councils support in this. Ryan Pipkin, 844 Santmyer Drive, stated he moved from Sterling to Leesburg in 2010. He stated he saw Tavistock Farms as a beautiful neighborhood. He stated he is dumbfounded at the plans to build juvenile and adult incarceration facilities less than 1000 feet the neighborhood. He stated he cannot believe this is happening. Paige Buscema stated her hope that Council will vote to move forward with the King Street project tonight with all or virtually all of the parking intact. She stated there are two options before Council tonight that will allow that. She stated she hopes that Council will vote tonight to move forward. She stated metered parking on the busiest commercial street in town generates perpetual, predictable income so doing away with the vast majority of it is not in the town's favor or in the business community's favor. She stated she is a state licensed optician independent of an optometric or ophthalmic practice. She stated she opened her business in downtown Leesburg despite hearing that it was a dying downtown because she knew that downtown Leesburg could be better than it was being credit for. She stated the capital improvements project for downtown in its entirety is extremely important for all business in downtown Leesburg. She stated the original vote that eliminated virtually all of the King Street parking was clearly a mistake and inaction or no action is not an option. Charles Smith, 716 Donaldson Lane, stated he is in favor of changing the town elections to November as he feels it would save money and increase participation. He stated anything the town can do to minimize the layoffs of staff should be done. 2 1 Page COUNCIL MEETING March 22, 2011 Stanley Caulkins, 102 Morven Park Road, stated the audio system does not work. He stated he wants the Council to address safety with respect to the road improvements. He stated it is time for Council to make a decision. Mike Redman, stated he is here because of a newsletter he received from the Mayor regarding Tavistock and Kincaid concerns on the Juvenile Detention Center and cut through traffic. He stated the community is concerned about the JDC being within 400 feet of the homes. He stated the county could push the JDC down away from the homes closer to Cochran Mill. He stated the only notifications that he received from Dewberry and Davis mentioned the installation of a waste management pond and no mention of the JDC or the ADC. He questioned why the community is not being adequately informed of these plans. He stated he called for more information and was told it was going to be a run off pond with no concerns for the neighborhood. Michael O'Connor, 38683 Mt. Gilead Road, stated he is one of the original co- chairs of the Downtown Improvement Association. He stated this is an opportunity to vitalize the town. He stated Council has spent countless hours to bring this town into the future. He stated the plan that is in place at this point in time has been examined and there are many in the town that would look to alter it. He asked Council to continue the discussions to give the town the opportunity to become a more vibrant place. Rod Ellis, 431 Fox Ridge Drive, stated the change in election date seems to be a small item. He stated the claims that people will get voter fatigue by putting too many items on the ballot or the claims of partisanship do not make sense to him. He stated partisanship is part of the election process. He stated the jurisdictions that have changed to November elections have experienced an increase in the number of voters. He stated young voters do not turn out for city elections and the youth is part of the future. He stated moving the elections to November is a good idea. Stilson Greene, stated he owns at a business at 16 West Market and owns Laurel Brigade with some partners. He stated it is time to move forward and speak with one voice. He stated it can be done by taking the September vote of no parking off the table and bringing in Plan 1 or Plan 2 for 11 or 12 spaces. He stated that everyone in the room will work together to move forward for a vibrant look for Leesburg. Mike Carroll, stated he owns Leesburg Vintner, and over 900 people have signed a petition to keep parking on King Street. He stated in September the Council voted against what 70 -80 percent of business owners on King Street wanted. He questioned whether the town will vote again against what the customers want? He asked Council to keep parking on King Street with option 1 or 2 and not to delay the vote. Robin Peacemaker, 604 West Market Street, stated her family owns the Leesburg Restaurant and she is honored to run it as she feels it is a huge part of the Town of Leesburg since 1865. She expressed her fear of what a loss of parking on King Street will do to the business. She stated she is not misinformed and she is not angry. She stated everyone has a right to their opinion and she is mystified that she is standing 3 1 Page COUNCIL MEETING March 22, 2011 before Council trying to justify why the parking plan needs to be changed. She stated almost 1000 people have signed the petition that says not to take away the parking. She stated the King Street parking is vital and important for the Town of Leesburg. Neal Steinberg, 139 Woodberry Road, stated he feels changing the elections for November to May makes more sense to him, but since that probably will not happen, changing them from May to November makes sense. He thanked everyone who has been involved in the downtown parking process. He stated there has been a lot of really good input and strong opinions on both sides of the issue. He stated this is a cooperative effort to what is best for the community. He stated it is important to keep the momentum of the downtown improvements project moving forward and create a better Leesburg over the long term. Milt Herd, 303 Riding Trail Court, stated he hopes the Council will allow a slight delay in the decision on the downtown improvement program to allow the community to come together in a more unified fashion. He stated if there is a chance to get broader consensus, there will be a plan that is more sustainable and more easily implemented. He stated an intensive series of short work sessions in April and May to try to bridge the gaps could come back with something that enjoys broader support. Don Devine, stated that everyone is striving for a better Leesburg. He stated it is good that there are differing opinions. He stated the only part of the improvements program that needs to be changed is the parking on King Street and everyone is in agreement that one space could be lost for design purposes. He stated the approved King Street design removes all the parking between Loudoun and Market and part of the way up to Cornwall. He stated reinstating the parking would not delay the other projects. He stated all his tenants are adamantly opposed to removal of the parking. He stated Council needs to go through with one of the two plans that preserve parking as they are a great compromise. KD Kidder, stated she chose Leesburg because it originally had a very relaxed and lively downtown, but not since the late 70s /early 80s. She stated it would do a disservice to all those who have worked on the downtown improvements project to not allow a couple of more months for discussion. She stated parking is a psychological thing as most people will go to Dulles Town Center and walk a half mile from their cars to the mall store that they want to visit; however, they won't walk two blocks to park in the garage. She stated most of her customers do not have a problem. Further, she asked Council to keep the funding for the R.O.C.K. program as it helps to create a secure and comfortable town. Peter Burnett, (Jim Sisley and Don Culkin ceded their speakers time to Mr. Burnett). He stated he is a member of the LDBA, the DIA, and the Leesburg community. He stated there is no disagreement that everyone wants downtown Leesburg to be economically vibrant and a wonderful place. He stated he believes the disagreement can be bridged as it isn't about one or two parking spaces. He stated it is about the visual impact and figuring out how to give a nod to the perception that there isn't parking. He displayed a map showing who his group represents. He stated two 4 1 Page COUNCIL MEETING March 22, 2011 months will not hurt anyone. He stated taking the time to look at this closely will reduce tensions as people will come forward to talk. He stated the community can get together and look at the component of this particular project that was least evaluated when it was passed. Dieter Meyer, 214 Andover Court, stated he is the vice president of W.A. Brown and Associates. He stated Walter Brown taught him how to be an architect and how to be creative. He stated there is a creative solution for the parking question and taking a couple of extra months to give the community time to find that creative solution will provide a solution that everyone can be happy with. He stated everyone can walk away and say it works. Carolyn Chase, 905 Sweet William Court, stated she and her husband moved there in 2007 from Sterling because this is a wonderful community. She stated her home will back up to the Juvenile Detention Center if this plan is not changed. She stated the communication has not been appropriate throughout the process. She asked that Council put themselves in the shoes of she and her neighbors. Herman Llewellyn stated he has been living in Leesburg for a the past few years and has been doing research on where to locate a business. He stated he recently learned that the location he had chosen may lose its street parking. He stated the street parking was a major part of his decision making process. He asked that Council consider their decision and make a decision not to remove the parking. Dave Wright, stated he owns the Tally Ho Theatre, and is a performer by trade. He stated if there are issues with parking, it will become a negative domino effect for the town. He stated image is everything and not seeing parked cars on the street, gives a negative connotation. He stated it is already difficult to find places to park to get to the different businesses and asked Council to give it more consideration. William Gessaman thanked the Mayor for her support of the Kincaid and Tavistock communities. He stated he cannot believe that he has to say, "don't build a jail next to his home He stated a lot of families are very impacted by this and asked for Council's support. He stated they are aware this is a county issue, but are looking for support from Leesburg. Margie Spiker, 605 Jacob Court, stated she has been a county resident for 28 years and is in support of many friends who are downtown business owners. She stated her husband owns a business in Leesburg and visits downtown many days of the week. She stated she lives south of town and is amazed at the number of Leesburg residents who have never visited a downtown business. She stated there is a perception problem downtown with people who are newer to the area. She encouraged Council to work with the long time, established businesses and listen to their concerns. Barbara Bayles Roberts, acknowledged all the assistance she received from her friends and neighbors. She stated since last year, she has been working on changing the elections for town council and mayor from May to November. She stated she decided it 5 1 Page COUNCIL MEETING March 22, 2011 needed to be the people saying something to Council. She stated she has 2500+ signatures on her petition. She thanked Judy Brown and the Office of the Registrar for confirming the signatures. She stated there are 2500 voices attached to the signatures. Council Member Butler stated this petition was submitted to the court on February 28 and questioned whether it had been accepted. Ms. Bayles Roberts stated the signatures have been turned over to Gary Clemens and they are working with a local attorney to prepare the order. Brian Patlen, 616 Meade Drive, stated he is #68 on the working together list. He stated he feels it is important to understand that he has seen both sides of the groups of people. He agreed that this is something to listen to the business owners about. The Petitioner's Section was closed at 8:56 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Reid, seconded by Council Member Martinez, the following consent agenda was proposed: a. Awarding a Construction Contract for Filter #3 Maintenance Repair RESOLUTION 2011 -033 Awarding Kenneth B. Rollins Water Treatment Plant Filter #3 Rehabilitations Construction Contract b. Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for South King Street Center RESOLUTION 2011 -034 Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for South King Street Center c. Authorizing an Offer to Acquire Permanent and Temporary Easements for the Lowenbach Street Improvements Phase II Project RESOLUTION 2011 -035 Authorizing an Offer to Acquire Permanent and Temporary Easements for the Lowenbach Street Improvements Phase II Project d. Marconi MOTION 2011 -015 6 1 Page COUNCIL MEETING March 22, 2011 Authorizing the Town Attorney to Accept the Counter Offer Proposed by the Attorney for the Property Owner in the Condemnation Action for 237 Wirt Street, N.W. The motion to approve the Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 10. PUBLIC HEARINGS a. FY 2012 Budget The public hearing was opened at 9:07 p.m. Mr. Welts highlighted a few pieces of information that have been presented at previous sessions. He stated six to seven months ago, the Council identified the establishment of long term budget sustainability as a strategic goal. He stated staff has put together a two year budget to allow Council to see a longer term fiscal picture. He stated during the first budget briefing, the initial projections showed a gap between revenues and expenditures of approximately $3.2 million. He stated after that discussion, staff embarked upon a series of actions, both at Council and staff level, looking at opportunities for revenue enhancements and expenditure reductions. He stated staff has looked at a program for debt restructuring and a longer term Capital Improvements Program. He stated the revised budget projection shows a gap of $1.7 -1.8 million. He stated they then began to look at programmatic changes that amount to approximately $1.8 million which allows for balancing of the FY12 and FY13 budgets, which resulted in a 31.42 FTE reduction. Mr. Wells stated he recommends a tax rate of $0.195 cents for the next three fiscal years. Amira Bray stated R.O.C.K. is a big part of her life. She stated she was three when she joined the program and was very happy. She described the activities offered to R.O.C.K. participants and stated it should not be shut down. Adrienne Bray, 56 Hancock Place, stated her daughter, Amira, is a student at Balls Bluff Elementary and a participant in the R.O.C.K. program since she was about five years old. She stated her daughter has found this program as a way to connect with her peers and community. She stated there are a lot of children in the neighborhood who do not have active parents, or parents, and there are children who don't speak English very well or are having discipline issues and the counselors provide a sense of consistency in their lives, which helps them grow into citizens. She stated a lot of the participants have received good citizenship awards at school. She stated this is a productive investment in the future of these young citizens. 7 1 Page COUNCIL MEETING March 22, 2011 Gladys Burke, stated she supports those that benefit from the R.O.C.K. program. She stated the program is achieving the benefits the Council originally set for it to meet. She stated the last thing that should be cut is something that is working and will benefit the youth. Brian Duddy, stated he is representing Leesburg Volunteer Fire Company. He asked the Council take the expenses of the fire company into consideration before taking the final votes on the budget. He stated the proposed cuts will have a significant effect on their operations. Greg Harp, Visit Loudoun, stated his organization develops and implements programs to attract all types of visitors to Leesburg and Loudoun County. He stated the programs that were implemented to promote tourism and travel in FY 2010 generated direct visitor spending of $57.2 million county -wide. He stated the strong economic impact was accomplished through the strategic and targeted use of market promotions, sales missions, public relations, direct marketing, advertising, visitor services and relationships with decision makers who influence people to travel. He listed some highlights for 2010. Ann Robinson, 125 Clubhouse Drive, stated the R.O.C.K. program serves children that were previously identified as having no resources or positive alternatives and given the real regional concern about gang recruitment, the town organized this early intervention and crime prevention program. She stated the negative pressures have not evaporated and will return with a vengeance if these children are left to the streets. She stated the consequences will be tragic and costly, not only for the children and their families, but for the neighborhoods and the community. She urged Council to fully fund the R.O.C.K. program. Maria Bergheim, Fort Evans Road, stated that children need a safe place to play and have fun. She urged Council to fund this program. Barbara Bayles Roberts stated she is supporting R.O.C.K. as well. She stated her two grandchildren have benefited from that program greatly. She stated keeping children occupied and from looking to the "glamour" of gang membership, the community will be better off. Further, she added that holding the elections in November will decrease the cost. Council Member Reid thanked the community for speaking out. He solicited suggestions from the community of what should be cut to provide funding for those things that had been proposed for cuts. Council Member Dunn questioned whether the permanent sticker will represent a cost savings to citizens. Mr. Wells stated the fee for the sticker will remain the same, but the residents will avoid having to change the sticker every year. 8 1 Page COUNCIL MEETING March 22, 2011 Council Member Dunn questioned whether there could be some cost savings in the management of a program that included a one -time, life of car fee. Vice Mayor Wright thanked the public for coming out and highlighting the R.O.C.K. program. He stated he has long observed the benefits of the program and he looks forward to the budget mark up session. Council Member Martinez thanked those that support the R.O.C.K. program. He stated he has been working to get and keep this program. He stated it is a shame to have to fight to keep this in the budget. He stated there are benefits that cannot be seen now, but will be seen in the years to come. Council Member Hammier thanked Ann Robinson for attending the budget work session on Tuesday. She stated she appreciates how Ms. Robinson articulated the importance of the R.O.C.K. program. She stated she appreciated hearing the voices of those that have benefited from the program. Council Member Butler agreed with the other council member's comments. He stated he appreciated the comments from the public and will fight hard to see that the R.O.C.K. program is funded this fiscal year. Mayor Umstattd thanked all those who came out in support of the R.O.C.K. program. She stated the program has her full support. She stated her agreement that this is a critical program that was started with the Police Department in cooperation with the Parks and Recreation Department as early childhood intervention. Further, she stated the children develop strong bonds with the Police Department, which participates and the Parks and Recreation staff. She stated she is optimistic that R.O.C.K. will be part of the upcoming budget. 11. ORDINANCES a. None The public hearing was closed at 9:32 p.m. 12. RESOLUTIONS AND MOTIONS a. Change in Election Date to November in Even Years (Dunn) On a motion by Council Member Dunn, seconded by Council Member Butler, the following was proposed: RESOLUTION To Initiate Charter and Code Changes to Change the Election Date from May to November of Even Numbered Years Council Member Dunn stated the voices of the people have stated they want to see the election changed. He stated the referendum is an option the state provided to the citizens should the local governing body not take the initiative to 9 1 Page COUNCIL MEETING March 22, 2011 make the change for themselves. He stated tonight's motion is to start the process, which begins with a public hearing. Council Member Butler questioned whether an action by Council will supersede the petition that is in the court to have the referendum in November. Ms. Irby stated it would probably supersede the petition and make it moot because Council has acted so there would be nothing to change. Council Member Butler stated given that, he is extraordinarily surprised and almost stunned, that Council is considering this. He stated a petition has been submitted to the court so the voices of the people can be heard in November during a referendum where they will vote to decide whether to move the elections to November or not. He stated this process that will be initiated with this motion will subvert the will of the people in November. He stated it is an egregious thing for the Council to tell the people that Council will jump in to prevent them from voting in November. He stated the voices of the people need to be heard, not just the few that will come to the microphone, but the many thousands that will show up in November and vote to decide. He stated he moves to table this until the second meeting in November. The motion was seconded by Council Member Martinez. The motion to table failed by the following vote: Aye: Butler and Martinez Nay: Dunn, Hammler, Reid, Wright, and Mayor Umstattd Vote: 2 -5 Council Member Reid stated this has been on the agenda since November and he felt it was good to give Council one more chance given the fact some 2,500 town voters signed petitions. He stated he volunteered on a cold November election day to gather signatures for this petition. He stated if the Council wants to initiate a public hearing to consider an election change, he has no problem with that action. He stated the effort to table is an effort to kill this at the polls. Council Member Hammler stated this sends a confusing message that somehow the public hearing will influence the four members of Council that have stated they do not support moving the election to November; however, she expressed support for changing the election date based on the consistent feedback from all citizens who have some forward. She stated she made a motion to change the election to odd years in November. She stated she supports moving forward but does not feel there is a majority of Council support and this sends a mixed message. Council Member Martinez stated he supports allowing the voters to speak in November. He stated his concern with moving the elections from May to 10 1 Page COUNCIL MEETING March 22, 2011 November is that local issues will get lost in state and federal issues. He stated the Council will be competing with state, regional, and federal issues. He stated he likes the local election but would be willing to accept whatever decision the people make at the polls. Vice Mayor Wright stated he is not sold on moving the elections to November for some of the reasons Council Member Martinez has already outlined; however, he also has a fundamental problem with doing anything that would extend his term. He stated the only persons who should extend his term are the voters. He stated research shows that a switch to a November election causes the incumbents to stay in office because there is not the same level of debate. He stated the November elections seem to be less approachable for the public. Mayor Umstattd stated she is very proud of the citizen activism of Ms. Bayles Roberts. She stated she agrees with Council Member Butler that Council owes it to those that signed the petition to give them the right to voice their desires at the polls in November. She stated the proposed resolution authorizes a public hearing, but also states that the Council is in favor of a change. She stated she is looking forward to voting on this in November as it is a wonderful example of grass roots democracy and does not want to see it curtailed by the members of Council. Council Member Dunn stated the motion was to move the elections for Mayor and Council from May to November. He stated the state code provides an option for the citizens should the Council not take the action to move the elections. He stated the state did not make a referendum the first option for citizens, but gave the first option to the governing body. He noted the legislation to allow this change was passed without difficulty through the state legislature. He stated he did not see any other council members, other than Council Member Reid, working on the petition drive or asking how they can be involved. He discussed the history of this issue before Council. He stated this is just a vote to allow the public to speak. He stated this has been an effort to kill what Council does not want, which is more voters involved in the process. He stated the public has an impact on this body. The motion failed by the following vote: Aye: Dunn, Hammler and Reid Nay: Butler, Martinez, Wright and Mayor Umstattd Vote: 3 -4 b. Downtown Improvements Project King Street Parking Design On a motion by Mayor Umstattd, seconded by Council Member Reid, the following was proposed: MOTION 111 P age COUNCIL MEETING March 22, 2011 I move to amend the motion adopted at the September 14, 2010 meeting to Design and Construct the Downtown Improvements Project by striking project A2, King Street, Loudoun Street to Market Street, and project A3, King Street, Market Street to Cornwall Street and inserting the following: 1. Retain all of the parking spaces and loading zones on King Street as they currently exist, in general accordance with plan "Alternative 2 submitted by staff dated March 21, 2011. 2. Add epoxy street print brick pattern in the parking areas along King Street from Loudoun Street to Market Street in general accordance with previously referenced plan "Alternative 2 The rest of the project will remain as previously approved including the intersections, brick and curb replacement and all streetlights. Mayor Umstattd stated Council has heard overwhelmingly from the business community and 1000 customers of the downtown that they want to retain all the parking on King Street. She stated in discussions with the developers of the new town centers that compete with the downtown, those developers have made it very clear that ample street parking is essential to the success of those downtown retail, restaurant and commercial centers. She stated the remainder of the project can go forward. She stated she feels the downtown will be far more vibrant with the parking spaces. Council Member Reid expressed concern over the expenditure for this project and made a friendly amendment for an ad -hoc committee of King Street business and property owners to discuss an option to keep the exact sidewalk as is and possibly remove no more than one space on either block with a report back in June. He stated his concern over spending $950,000 to replace brick and curbing. Mayor Umstattd stated she does not have any problem with an ad -hoc committee looking at cost saving measures. Council Member Hammier stated a critical process fact is that the first time the Council saw these two new designs was yesterday evening at the work session. She stated unless there is some significant urgency, the Council's process should at least allow two weeks to allow the public to see what Council is discussing. She stated there is a willingness for dialog and compromise on this important and complex issue. She stated the King Street parking portion of this project will not commence until 2012 and she fully supports those who are willing to continue this dialog. She made a motion to postpone this motion until June 12 to allow that group to convene. She stated all options would be on the table for discussion including all parking on King Street. Council Member Martinez seconded the motion to postpone. 12 1 P a COUNCIL MEETING There was discussion regarding the motion to postpone. The motion to postpone failed by the following vote: Aye: Butler, Hammler and Martinez Nay: Dunn, Reid, Wright and Mayor Umstattd Vote: 3 -4 Council Member Dunn made a friendly amendment to the main motion to have staff use as much existing brick as possible. Mayor Umstattd stated she could support that change. There was discussion on the main motion, as amended. The motion failed by the following vote: Aye: Dunn, Reid, and Mayor Umstattd Nay: Butler, Hammler, Martinez, and Wright Vote: 3 -4 10:32 p.m. (Verbatim follows) Council Member Hammler: Madam Mayor, I would like to make a motion to request that the downtown stakeholders represented this evening come back June 14 in order...having vetted every single option including the two designs that were for the first time presented last night as well as any additional comments come back June 12`" Council Member Butler: Second. March 22, 2011 Mayor Umstattd: Okay, we have a motion and a second. Katie, any further comments from you on it as the maker of the motion? Council Member Hammler: Just to reiterate again, this only came forward to Council at a work session last night. This particular capital project would not commence until the winter of 2012. I agree with everything that Marty said earlier except that the focus on...kind of the negative sentiment...what is essentially happening is that, you know, Council originally really very much wanted a single voice of the downtown. We urged...we prodded...we threatened...we said you have to come up with an easier way to give us direction. We are just working through the process. It is a democratic process and this is an enormous opportunity for all of us who are so committed to the future of our town and this is a 30 year future of our downtown because it is a capital project. We owe it to ourselves to take the time and I appreciate the leadership of those who have stepped forward with the spirit of willingness to compromise with the commitment that all options are on the table. Mike Carroll has been heard. It is absolutely critical to consider the fact that there is a long 13 1 Page COUNCIL MEETING March 22, 2011 term necessity to retain parking. So, with that, I look forward to a formal, can't use the word vote...but reflection and summary of your deliberations June 12. Council Member Reid: Point of order. Mayor Umstattd: Well, let me see, do we have a second on that? Council Member Butler: I seconded. Mayor Umstattd: So, Katie has made the motion for a task force, basically, and Dave has seconded it. Ken? Council Member Reid: This is a.... Council Member Butler: Ken gets to go next, why? Mayor Umstattd: No, because he has a point of order...then we will come back to you, Dave. Council Member Reid: Or a point of inquiry. So, this is basically now a creation of a task force reporting back on June 14` is that correct? This is not postponing a decision, it is the creation of a task force. Council Member Butler: Yeah. Council Member Hammler: There already exists a task force that has been underway. They will report back at that first meeting in June. Council Member Reid: Can I ask if there are any King Street shop owners on this task force? Council Member Butler: Peter, this is reflecting the group (holding up sheet of participating names provided by Mr. Burnett) that convened a couple of weeks ago that Milt moderated? Council Member Reid: I'm sorry. I can't support a long postponement. Council Member Hammler: I'm sorry. Was that a parliamentary question, Madam Mayor? Mayor Umstattd: I think it was a point of inquiry. Ken was trying to figure out what exactly was entailed in your motion. Dave? Council Member Butler: Thank you, Madam Mayor. Considering how many years this has been going on, I don't consider a postponement until June to be long under any circumstances. I think the downtown, and I appreciate Katie bringing up this motion per Kevin's recommendation. This is the downtown 14 IPage COUNCIL MEETING March 22, 2011 already had the first meeting of this...that my understanding was well moderated and everybody came out of that enthusiastic with few points of disagreement and so to not let that continue, I think would be...well just would be a disservice to downtown. The other, in my opinion, larger point, is that if we don't allow downtown to work until they come up with some reasonable consensus, then we are going to be fighting this same battle periodically, I will guarantee you, until the day before the shovel goes in the ground. Because, we already did that on the South King Street Trail. We even had a committee that went and was unanimously in favor of that trail, but we continued to fight that battle every few months and then finally lost it immediately within one month before a shovel was going to go into ground. That is what is going to happen here. We are going to continue to get emails. We are going to continue to get letters. We are going to continue to get people coming up to the mike. We are going to continue to have discussions downtown and people fighting with each other and this, that and the other thing and every few months, then every year up at budget time it is going to come up yet again, and we are going to having this same discussion. What we need to do is let downtown come to some sort of compromise consensus on this issue that they can back and then Council can move forward comfortable knowing that this will not be a continuing issue and we can actually build things that are going to help downtown, so I fully support Katie's motion. Thank you. Council Member Martinez: I am going to support Katie's motion and I think it goes back without saying earlier and I didn't mean to sound so negative about downtown and everything. I mean, one of the reasons why I am going to support Katie's, is because of those emails we got and because of the feedback we have gotten. Because I do think that because of all that input we need to take a step back and really look at what's going on. But I also think what we need to do is allow everybody in the downtown to reach a consensus so that, you know, again, it's going to be one of these not everybody is going to be happy, but we at least need to come to some kind of agreement because what I would not like to see is one side come to Council and we change our mind, another side come to Council and we change our mind again. And it is just a tennis thing. We need to have something that we all can live with and everybody vote on. The key here is not everybody is going to be happy. Somebody is going to have to compromise. I don't think it's our position to sit there and make that decision for you. We are going to allow you to come back to us and help guide this in that decision. Vice Mayor Wright: This got out of the order I thought I this was going to go in. I had anticipated a motion coming forward to talk about alternative 1. The rub I have with alternative 1, in case we don't get to that motion, is now the way it is worded... and I think this is... if we go through the timeline of how we got here, the short version is we had made a motion asking staff to bring forward alternate designs for King Street from Loudoun, I think all the way to Cornwall and that process was underway. In the intervening time, the downtown...the angst in the downtown seemed to continue to grow. There was a request to put this on a vote for this meeting, so since we had asked for the design and we 15 I P age COUNCIL MEETING March 22, 2011 said...well, we should probably have a design then by that meeting, staff accelerated it and we got a design for the block that we all know and love. But the motion for alternative 1 is also making changes to the A3 project. My gut feel, if I were trying to make the motion for alternative 1 would be deal with A2, leave A3 as it is, don't talk about Market to Cornwall, and then that still leaves the question of okay well so does A3 stay exactly the way it was or do we need to come back and sort out that design? Because I think, we unfortunately, and I don't remember who asked for this to be on this meeting as opposed to letting the design kind of finalize, we hit the accelerator and now we are here struggling because I walked in here tonight fully intending to support a motion for alternative 1 because my fear with the committee is some of the key members that we would need have all stood up at that mike tonight...and I have spoken to them over the weekend, have all said they didn't support that concept. So, my fear was we go have this committee, not everybody would participate...we come back get a recommendation, same five people come back up or five, ten, whatever the number is so I don't get yelled at for misestimating the people that have spoken on either side. Everybody lines back up at the podium again and we are back there. So, I don't even know where I am at at this point, but what I would hope is...what I am struck at this point, and I apologize I am kind of struggling and rambling...at least you know I am thinking about it...is alternative 1, we have got kind of a hole in it because we don't know what we are doing with A3. I could make a motion about A2, stay silent on A3 and then we are still going to have to sort out A3 and I am going to end up everybody on the second block coming in here yelling either you did something right or wrong as it relates to that block. So... Mayor Umstattd: I'll support that kind of motion. Vice Mayor Wright: Yeah. So, I guess that's what I am angsting about as it relates to the current motion that is on the table...is some of the key people that have highlighted the impacts have not highlighted their willingness to participate in this group. I do have all the respect for Milt. I do feel that this group is focused on trying to bring people together so...I think the couple of things that are missing from this motion is some of the consensus statements that I think were talked about at the Downtown Business Association meeting which is kind of the we see you, we hear you...to quote the Parenthood TV show...as it relates to parking. Removing all of the parking off of the core block of King Street is not an option. We need to look at how best to approach it, but we can't even get four of us to figure out between two options, which one we like. So, it seems like we need a group to pull together, but at the same point, we have got to stop this 200 people all screaming about...I'm trying to figure out how can we solve both problems at the same time. So, if that works then I'll figure out peace in the Middle East and we will go from there. So, I'm going to stop talking because I am rambling. Scott Parker: Excuse me, Council Member Wright.... 16 1 Pag COUNCIL MEETING March 22, 2011 Vice Mayor Wright: Are you trying to help me or just dig me further into the hole? Scott Parker: No, at the risk of stepping in it further, I would just like point out what staff did...what we are doing...the original motion stated "I direct staff..." Council Member Hammier: Madam Mayor, just point of order... Vice Mayor Wright: Yeah, don't clean that one up...let's see what happens. Council Member Hammier: I don't understand what is happening here. Mayor Umstattd: I think Kevin has requested... Vice Mayor Wright: I have rambled on for a while...and he can answer the question on that alternate motion if this current one does not pass. Mayor Umstattd: All right, Scott, we will get back to you, possibly. All right, anybody else on this current motion? Ken? Council Member Reid: Yeah, the task force that is here, I don't see Mike Carroll's name, I don't see Waily Wang, I don't see Robin Peacemaker, I don't see Paige Buscema. I see one business owner on King Street. For that reason, I can't support it. I would like to ask if I could offer a friendly amendment to just give peace of mind to the King Street property owners that these alternatives that would be examined would not include the project that is currently in the CIP. Ken? Council Member Martinez: Madam Mayor, may I clarify a point for Mayor Umstattd: Yeah, although that is a question. If Ken is asking for acceptance of a friendly amendment, that would have to be up to Katie and Dave. Council Member Martinez: I was just going to talk to his list. We were not referring to that list, that was just part of what Dave was saying. There was a meeting last week held by both merchants, owners, etc. I don't know exactly what the whole...that was what Dave was referring to, not just that list, but everybody that was involved in that meeting last week. Council Member Hammier: Madam Mayor, may we take a five minute recess so we can get clarification, quite frankly, on the composition of the group? Council Member Reid: I object. 17 1 Page COUNCIL MEETING March 22, 2011 Mayor Umstattd: Why couldn't we clarify that up here? Council Member Reid: I object to taking a five minute recess. Council Member Hammier: I'm sorry, Madam Mayor. It's your decision unless you feel... Mayor Umstattd: I think we can clarify who we would want to participate in the group, if the group moves forward. Council Member Hammier: Okay, because I had people whispering to me, so to whatever extent you were willing to accommodate getting that information. Council Member Butler: I think I was the one who brought up the current group, so maybe...I don't know who is the best person, whether its Milt or Peter or somebody...or Mike...what I am interested in is the meeting that Milt moderated, who was included in that meeting? Council Member Reid: I had a motion to...a friendly amendment... Council Member Butler: Yeah, and we are talking about that. Council Member Reid: No we are not. We are talking about the committee. Peter Burnett: (From the audience) We cast the net as broadly as we could get. Stilson was there. Waily was there. was there. Paige was there. There were a number of people... Robin was there. It was as many people as we could get to come. We can't...they can boycott and come back to you and say I got left out...I don't know what to do about that. Our intention is to gather every single person that wants to have anything to do with making this decision and find a compromise...not to drill down what was done before now or the opposite. A true compromise... Council Member Reid: But... Mayor Umstattd: Ken does have a request in... whether Katie and Dave would accept his friendly amendment. Council Member Reid: Let me repeat my request. My request is that the current proposal which eliminates the parking would not be one of those options. That is what I want. You are going to have to understand something, Dave and others...you know... Council Member Butler: Ken... 18 1 Page COUNCIL MEETING Council Member Hammler: The answer is yes. We accept...I accept your friendly amendment. Council Member Butler: Okay, if the proposal is...if the friendly amendment is that whatever comes back, assuming if we accept your friendly amendment, then do we have your support for this? Council Member Reid: As long as the parking is retained. Council Member Butler: That is different than what your friendly amendment was. Council Member Hammier: That is different. March 22, 2011 Council Member Butler: What I could support is an amendment to the motion that says that the current proposal...what is currently approved, will not be considered as one of the designs coming back on June 14 Council Member Reid: And we will stop work on that proposal too. Council Member Butler: Fine, we will stop work on that proposal for now and that proposal will not be part of... Council Member Reid: Will you also support the option that I presented to the Mayor earlier to retain as much of the current brick as possible for saving money? Council Member Hammler: Ken, the whole emphasis is all options are on the table. Council Member Butler: Right. Council Member Hammler:...including any additional ideas. Council Member Reid: When you say "all options" Katie, I don't hear... Council Member Hammler: Okay, sorry that is being misinterpreted. I accepted your friendly amendment. Council Member Butler: All options except the current approved design will be on the table. Council Member Reid: Beautiful. Council Member Butler: Let's vote. Mayor Umstattd: Katie gets final say, if she wants it. 19 1 Page COUNCIL MEETING March 22, 2011 Council Member Martinez: I don't think Tom had a chance to speak. Mayor Umstattd: I'm sorry. Tom didn't get to say anything. Would you like to say something to this? Council Member Dunn: Sure. Mayor Umstattd: Go ahead. Council Member Dunn: I think that while it is easy for us to say that we will put this off until June 12. I mean, after all its just words. But we are getting ready to take an action on those words. Then we put in motion, what I think 900 people, nearly 1000 as we have heard to night, and our business owners...I think they are looking for one word from us...not that group...from us. And that word is assurance and we haven't given them assurance that we are willing to consider their concerns as business owners and what's most important to them. We are willing to continue to put this up for grabs like a jump ball in March Madness. And that is not the assurance that I think they are looking for. A lot of people came here tonight to have an answer. We have heard from Council Members who said I am going to stick by my answer, but I'm willing to change that. That is not the kind of assurance that the citizens are looking for because what happens next year and next year's budget or the next Council. This is not the way we should be doing things. If the four people that voted for the parking feel that strongly about it, go ahead and vote for the parking again. But if you are willing to look at something else, then go ahead and do that...make that decision today. Don't keep dragging this out. To compare 900 people to a 9 person southwest trail connector making that decision. Come on, that's ridiculous. It is a good thing you all are here just asking for a public hearing on parking because if you are asking for a public hearing on vote, it would probably be...you know we wouldn't hear it. If everybody was worried about making people happy, you know Marty, we already got that. If you are not worried about... Council Member Martinez: Can we please stick to the resolution instead of throwing stones? Council Member Dunn: I'm sorry, Marty, I didn't mean for you to interrupt me. Council Member Martinez: You're good at that yourself. Council Member Dunn: No Marty, come on. You know...I hate that what this comes down to is what is the purpose of widening the sidewalk anyway? We hear about arts and entertainment... 20 1 Page COUNCIL MEETING Council Member Butler: Point of order. We should be discussing the motion to postpone. Do we want to postpone, yes or no and stick with that and let's move on. Otherwise, we will be here until breakfast. Mayor Umstattd: Tom, go ahead and bring it back to that issue. Council Member Dunn: Again, you brought it up, Madam Mayor. We are looking at widening sidewalks for additional dining at restaurants that don't even fill up the inside and now we are thinking that they are actually add business to the outside. I just don't see the purpose of this. I think delaying this is just going to make more angst with the business owners and I have been concerned about their reliance on Council being able to be somewhat of a body they can go to. I would not be for voting for this and dragging this out. I am actually a little bit appalled that we actually just witnessed a request to have a body go ahead and meet and then 40 minutes into the debate, we are asking who is in this body. It's unbelievable. Mayor Umstattd: All right... Council Member Hammler: Madam Mayor, did you want me to... Mayor Umstattd: Kevin had a friendly amendment. Council Member Hammier: Okay. Vice Mayor Wright: I wanted to try to get the consensus statement that I think we have heard from the downtown business community, because it sounds like there is at least four to pass this, but to get at least some level of assurance that the Council has acknowledged the feedback from the business community, and I know I'll get hit for it later, that the majority of parking on King Street needs to be preserved and let the business community go forth and do their work and come back to us. But, at least in the motion that we are acknowledging we hear the majority of parking needs to be preserved because I think that's the consensus statement that has been circulating. Council Member Martinez: So there is 12 parking spaces and a majority would be 7. Council Member Hammler: I support the earlier friendly amendment. I do not support any additional language as it directs anything dealing with what is going to be already a complex enough situation gathering a democratic group of engaged citizens. Mayor Umstattd: Kevin, do you want to make that as a proposed amendment then? If you don't, I'd be happy to. Vice Mayor Wright: Sure, let's do it. March 22, 2011 21 1 Page COUNCIL MEETING March 22, 2011 Mayor Umstattd: All right. Kevin has made that as a proposed amendment to the main motion on the floor now. I have seconded it to amend Katie's postponement motion or her stakeholder's report motion to do what you suggested which was... Vice Mayor Wright: No, Ken's was accepted. What mine is that the Council acknowledges the feedback from the business community about the importance of parking on King Street and acknowledges the consensus statements that have been circulated at the Downtown Business Association about preserving the majority of parking on King Street. Council Member Hammler: I will accept that as a friendly amendment. Council Member Butler: I will accept that as friendly as well. Vice Mayor Wright: Problem solved. Council Member Hammler: Because ultimately...okay. Mayor Umstattd: Okay. Majority could be potentially seven. Seven plus. The majority can go anywhere from seven to twelve, which is better than what we have got now, which is....yeah. Vice Mayor Wright: The intent behind that is...this motion looks to pass. I am trying to reassure the business community that we have heard you. We are trying to work with you. We are not ignoring you. If everyone is going to read into the word majority, I am just going to jump off the building and be done with it. Council Member Reid: Why don't you say all, Kevin, or all but one? Mayor Umstattd: What we have right now, is Katie and Dave have accepted Kevin's proposed amendment. Whatever we look at would preserve the majority of parking. Council Member Butler: That's not what Kevin's amendment is. He had a friendly amendment that says that Council will acknowledge that we have heard the business community and the majority of the business community prefers that a majority of parking remains. That's the amendment and that's what we agreed to. It is time to vote. Mayor Umstattd: I think you are correct. Council Member Reid: Okay, so it's not tying the hands of the committee to just look at a majority of the parking. Very good. Mayor Umstattd: All right, Katie, again... 22 1 Page COUNCIL MEETING Council Member Hammler: We're good, Marty. Council Member Martinez: No, I want...say it again. Council Member Hammler: Okay, say it again. All: Preserved! Council Member Butler: Whether good or bad. March 22, 2011 Council Member Martinez: I'm going to need some clarification on that amendment again because I read it differently. Council Member Butler: Okay, the amendment is that the Council acknowledges that the majority of the downtown merchants agree that a majority of the parking on King Street should be removed. Council Member Butler: Preserved! Freud would have something to say about that. I apologize for the misspeak. Mayor Umstattd: Nice try. Council Member Hammler: A little levity. Council Member Butler: I was just seeing if everybody was still awake at 11 o'clock. Council Member Dunn: Madam Mayor....I think it's a little contradictory because the original motion says that all options are on the table and now we have just limited all. Mayor Umstattd: Tom raises a valid point that the original motion...well, Tom has stated that the original motion said all options were on the table. Ken's amendment, which was accepted as friendly said we were removing the previously approved plan. So that one is off the table. That amended the "all" statement. Council Member Dunn: What was stated was that all options are on the table, other than the previously moved motion. That means that it could go anywhere from one...go with whatever you want to call it Kevin... Mayor Umstattd: Kevin's friendly amendment, which was accepted, all it does is acknowledge. I'm sorry. It doesn't accomplish anything. 23 1 Page COUNCIL MEETING Council Member Butler: Aye. Council Member Hammier: Aye Council Member Martinez: Aye Vice Mayor Wright: Aye Council Member Reid: Aye Mayor Umstattd: All opposed say nay. Council Member Dunn: Nay. March 22, 2011 Mayor Umstattd: It just says that Council acknowledges the majority of the business community wants to retain most of the parking. That is all that it does. It is an acknowledgement. It isn't a direction to anybody to do anything. Council Member Martinez: Can I call the question? Mayor Umstattd: But it was accepted. Council Member Hammler: Do I get to... Mayor Umstattd: No, you don't get to call the question because Katie gets the final word. Council Member Martinez: I thought Katie had it twice already. Mayor Umstattd: And we are going to go to Katie for the final word. Council Member Hammler: First of all, my deepest apologies to Tom that democracy is not as clean as we would have liked it this evening, but it is democracy in process and there is a tremendous quote from Benjamin Franklin on the halls of Smart's Mill. I had it written down for you, but I left it at home, I'll email it to you tomorrow, that I am reflecting on this evening. But, just given the dialog, debate, we all very much respect one another, but this is the reason why having a work session item yesterday and trying to resolve what is a set of very dedicated stakeholders with diverse opinions, you know, a meaningful desire to add even other great suggestions such as the concept of how to integrate short term parking as appropriate, ultimately we will all be best served by your great work, your great leadership as the private sector and I look forward to your recommendations June 12 the date we will make a decision on this. Mayor Umstattd: All right, all in favor of this twice amended motion, please say aye. 241 Page COUNCIL MEETING Mayor Umstattd: That will pass 6 -1 with Tom dissenting. 11:00 p.m. (Verbatim ends) March 22, 2011 c. Loudoun County Government Support Center Master Plan On a motion by Council Member Reid, seconded by Council Member Butler, the following was proposed: RESOLUTION 2011 -037 Requesting Changes to the Currently Proposed Loudoun County Government Services Support Center Master Plan Council Member Reid thanked his neighbors and stated they are the best neighbors he has ever had in his life. He stated he will always go to bat for the people of Leesburg when they are feeling threatened by projects like this. He stated he took this action because it is fiscally irresponsible for the County of Loudoun to spend $27 million on road improvements just to service the Juvenile Detention Center and some future buildings. He stated this whole project is a planning and zoning mess as it could create a terrible amount of cut through traffic and Sycolin Road is begging for county money for widening. There was discussion of Council Member Reid's friendly amendments. A friendly amendment to have paragraph #5 read "not construct Miller Drive" was accepted. Council Member Reid noted that this is a very unified community and thanked Supervisor Kurtz for listening to some of the comments. He stated Supervisor Burk is also trying to move the JDC, but ultimately it will require five votes on the Board of Supervisors. Council Member Butler stated he currently lives in the southeast and knows the area very well. He stated his appreciation for the neighborhood comments as they are very important to give the Board of Supervisors a strong message that they cannot move forward as proposed, but need to make significant changes so this project does not affect the quality of life for the southeast neighborhoods. He stated he hopes the county does the right thing. Council Member Hammler stated she hoped that Supervisor Kurtz would have stayed longer because very important comments were made after she left the room. She stated there has been a lack of communication and outreach to the community. Council Member Martinez thanked Council Members Reid and Butler for getting this started. He volunteered to make sure Supervisor Burk is given all the information she needs to help the Board come to the right decision. 25 1 Page COUNCIL MEETING March 22, 2011 Vice Mayor Wright stated he was very concerned about the lack of open and clear communication from the county as evidenced by public comments today. He stated the communication process needs to be fixed to be more clear, open and collaborative. He stated he is glad there is a committee in place to help communication in the communities directly adjacent and the greater Leesburg community. He expressed concern that homeowners had been misled when they were told that just a park was being proposed for the property. Further, he stated the tabling of the motion last week was not a lack of support, rather an effort to tighten up the language to ensure a clear communication to the County. Council Member Dunn stated his support for this and stated he regrets this information is coming to the community and Council much too late in the process. He stated he is not willing to give a hall pass to the Leesburg Supervisor for coming in this late to put together a small committee and should have been brought to the attention of Council, staff and the citizens. Further, he stated his hope that community pressure will help change this and urged the community to keep up the effort. Mayor Umstattd thanked the citizens who have been active on this issue. She stated the fundamental problem has been the misinformation given by the County, which extended into the March community meetings at Cool Spring Elementary. She thanked Kathleen Quinn for discovering the county's claim that they had to move the JDC because of a state requirement, was not the case. She stated the primary reason given for moving the JDC next to the Kincaid community has turned out to not be true, which is very troubling. She stated the group that has been put together has strong advocates for both communities and have been given a very short time frame to report back to the Board of Supervisors. She stated the Council is united in its support in petitioning the Board. Council Member Reid thanked the community for staying so late to address this subject. He urged them to stay vigilant. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7 -0 d. School Resource Officer Funding On a motion by Council Member Martinez, seconded by Council Member Hammier, the following was proposed: MOTION 2011 017 I move to authorize the Mayor to sign the response letter to the Loudoun County Board of Supervisors with respect to School Resource Officers 26 P a g e COUNCIL MEETING March 22, 2011 Council Member Butler made a motion to delete the language "If the County does not fund our request for an additional $166,000, then The motion to amend was seconded by Council Member Dunn. 14. NEW BUSINESS a. None. There was discussion on the motion to amend. The motion to amend failed on the following vote: Aye: Butler and Dunn Nay: Hammier, Martinez, Wright and Mayor Umstattd Vote: 2 -4 (Reid absent) Council Member Dunn made a motion to remove paragraph #2, the first sentence of paragraph #3, and the first sentence from paragraph #3 so that paragraph only contains the last sentence. The motion was seconded by Council Member Butler. Council Member Dunn stated this will require that SROs in Leesburg schools are sheriff's deputies funded by county tax dollars and not Leesburg tax dollars. The motion to amend failed on the following vote: Aye: Dunn and Reid Nay: Butler, Hammier, Martinez, Wright and Mayor Umstattd Vote: 2 -5 The unamended motion was approved by the following vote: Aye: Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: Butler Vote: 6 -1 Council Member Butler made an additional motion to formally state the desire of Council to have a delegation with the county to discuss items of mutual interest. He stated this is to address the two outstanding items in Chairman York's letter. The motion died for lack of a second. 13. UNFINISHED BUSINESS a. None. 15. CLOSED SESSION a. None. 16. COUNCIL COMMENTS Council Member Butler stated his hope that Council is correct in their assumption that by playing "chicken" with the county for $166,000, that they will back down from their previously stated official position and withdraw Supervisor Kurtz' motion and reinstate Supervisor Burk's motion to fund the town's resource officers with 27 1 Wage COUNCIL MEETING March 22, 2011 $166,000. He stated he voted against the motion because he does not want to play "chicken" with the children's police support in the schools for that amount of money. He stated the Council has missed an enormous opportunity with an emotional reaction to the supervisor's motion. He stated by being unwilling to talk to the county about items of mutual interest, it will lead the town down the path where it will never achieve the maximum value of Leesburg to the constituents. He stated he is disappointed and believes it to be an enormous mistake by continuing to treat the county as enemies instead of as partners in the governance of Loudoun County. He disclosed a meeting with Kettler and Banzhaf on the Village at Leesburg. He requested a CIP list for the downtown improvements that is correct. He stated the Tree Commission had their tree summit a week ago, which went very well despite the adjustment in staff personnel support. He stated people from The Care of Trees talked and did a fabulous job. He stated his appreciation for Tom Seeman and the Tree Commission for their effort. He stated he visited Travinia at the Village at Leesburg and thought it was wonderful and would recommend it to everyone. He stated, to date, his wife has not heard whether she will be singing the National Anthem at one of the Nationals games. Council Member Hammler stated it would be wonderful to have Ms. Butler sing the National Anthem at a Council meeting. She responded to Council Member Butler's comments by stating that Supervisor Kurtz missed an enormous opportunity by not approaching this in a positive way with the Council. She stated Supervisor Kurtz clearly wanted to discuss what the Board was not able to achieve through General Assembly action, which is engaging with Council on the surcharge issue. She stated it clearly has nothing to do with a policy decision regarding school resource officers. She stated it is important that the proper process is identified, which she feels is the Annexation Area Development Policies. She stated she looks forward to having a future work session to work through these issues. She stated the dedication of the Instrument Landing System (ILS) at the airport was important. She welcomed Patrick Kaler from Visit Loudoun. Council Member Martinez disclosed a meeting with Mike Banzhaf and Kettler on the Village at Leesburg. He stated he respects everyone's right to an opinion, even if they do not agree with his opinions. He stated in spite of the disagreements, he loves being a citizen of Leesburg and being on Council working as a group to make Leesburg a better place to live. He reminded everyone that baseball season is starting. Vice Mayor Wright stated the Council has never declined to meet with the County and the letter sent by Chairman York asked for a joint agreement on several issues, not simply meet. He stated Supervisor Kurtz' comments indicated she was simply looking to meet; however, her comments at the Board meeting and her resolution did not agree with that statement. He stated he is happy to meet with the Board at any time to work through any issues. He disclosed a meeting with Kettler. He stated he enjoyed the ILS dedication and enjoyed the naming of various portions of that system for those who have long standing involvement with the airport including Mr. Caulkins and the Moats. 28 Page COUNCIL MEETING March 22, 2011 Council Member Reid stated he also met with Kettler and Mike Banzhaf of Reed Smith about the Village at Leesburg. He stated there was also discussion regarding the proffer issue. He stated he would like to have a discussion regarding the 2005 proffer policy. He stated he will be attending the Northern Virginia Regional Commission meeting. He invited everyone to come to hear the Secretary of Natural Resources talk about TMDLs. He thanked Major Roberts for the pledge and the gift to the Town. He thanked the Tavistock and Kincaid residents for coming out in strength tonight, as well as the downtown business owners. He stated he would like to retain the majority of parking with no more than one or two spaces being lost. He stated he does not want to spend all that money on brick when the street is fine as it is. He questioned when the bricks were replaced last. He stated he had an interesting discussion with a designer for a new Chyrsler dealership and they want to get in before form based code is enacted. He stated he still feels that form based code is mistake and there is now a one year "beat the clock" period. Council Member Reid stated he is disappointed with the vote on the election change. He thanked Council Members Hammler and Dunn for supporting the public. He stated the Council Members who voted no want to keep the election an elite, partisan activity and challenged Mayor Umstattd on whether she supports the move to November or just the referendum as a means of deciding the question. He stated he is curious to see the results in other jurisdictions that have already made the change. He stated he was pleased to attend the ILS dedication, the Tree Summit and the dedication of a new medical lab at Monroe Vo -Tech from INOVA and Claude Moore Foundation. Council Member Dunn stated he will enjoy going door to door collecting signatures and reminding voters who is running for office and who opposes more voters in Leesburg. He stated he has no disclosures. He stated as far as the county subcommittee, he is not in favor of any subcommittee of Council meeting with a subcommittee of the Board of Supervisors. He stated he feels Council and the Board should meet as a whole if there is going to be open dialog. 17. MAYOR'S COMMENTS Mayor Umstattd had no comments. 18. MANAGER'S COMMENTS Mr. Wells had no comments. 19. CLOSED SESSION None. 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 11:55 p.m. Kristen C. mstattd, Mayor Town of Leesburg 291 Fag COUNCIL MEETING TTTV 4 d Clerk of 4 o ncil 2011_tcmin0322 March 22, 2011 30 1 Page