HomeMy Public PortalAbout2012_tcmin0228COUNCIL MEETING February 28, 2012
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Thomas Dunn, II, Katie Sheldon Hammler,
Marty Martinez, C. Terry Titus, Kevin Wright and Mayor Umstattd.
Council Members Absent: None.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian
Boucher, Director of Finance Norm Butts, Senior Management Analyst Bob Berkey,
Senior Management Analyst Annie Carlson, Director of Parks and Recreation Rich
Williams and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Titus quoted former Council Member
Robert A. Orr by saying "Please God, do the most good for the most people of
Leesburg ".
3. SALUTE TO THE FLAG: Council Member Dunn
4. ROLL CALL: showing all members present.
5. MINUTES
a. Work Session Minutes of February 13, 2012
On a motion by Council Member Martinez, seconded by Council Member
Butler, the minutes of the February 13, 2012 work session meeting were approved
by a vote of 6 -0 -1 (Dunn absent).
b. Regular Session Minutes of February 14, 2012
On a motion by Vice Mayor Wright, seconded by Council Member
Butler, the minutes of the February 14, 2012 regular session meeting were
approved by a vote of 5 -0 -1 -1 (Dunn absent /Martinez abstaining) pending
correction of the vote for TLSE 2010 -0012.
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Wright, seconded by Council Member Martinez, the meeting
agenda was approved as presented. The motion was approved by the following vote:
Aye: Butler, Rammler, Martinez, Titus, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
7. PRESENTATIONS
a. Certificates of Appreciation — Donations for Freedom Park Shade
Canopies
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COUNCIL MEETING February 28, 2012
On a motion by Council Member Hammler, seconded by Council Member Butler,
Certificates of Appreciation for Central Loudoun Little League and Leesburg Girls Softball
for donations were approved unanimously.
u 8. PETITIONERS
The petitioner's section was opened at 7:36 p.m.
Suzanne Larkin, 3 Royal Street, SE, distributed photographs and showed a video
of drainage problems on Royal Street, SE. She asked that the Council further review the
findings of the feasibility study to improve drainage on Royal Street. She stated several
property owners were not consulted during the survey of the street. Further, she stated
her support for bus shelters.
Lou Etta Watkins, 219 South King Street, stated she is speaking in support of bus
shelters. She thanked Council for having buses in Leesburg. She noted she never
learned to drive.
Ann Robinson, 125M Clubhouse Drive, SW, stated she is in favor of the bus
shelters. She thanked Council for bringing forward the resolution tonight for vote. She
asked that a staff person be assigned to assure completion.
Nancy Verhovek, 21152 Laurel Springs Drive, stated she and her church, the
Unitarian Universalist Church of Loudoun, support the town's donation towards bus
shelters.
Graham Copp, 903 Catskill Court, NE, expressed support for bus shelters.
Brian Burton, 98 Hancock Place, NE, stated it is dangerous to walk between
Hancock Place and McDonalds at night because there is not enough lighting where
people cross the street.
Paula Gilbert, 39395 Crooked Bridge Lane, stated she and her husband, Darryl
Gilbert, would be giving their speaking time to Mayor Stephanie Clinsing.
Mayor Stephanie Clinsing, stated she was the mayor of the city of Elk River until
2010. She stated she was mayor for 12 years. She extolled the power of prayer.
Joan Erikson, 16 Griswold Court, stated she is the mother of an 18- year -old with
Down's Syndrome and is an advocate of those in the disability community. She stated
anything that makes public transportation safer is important.
Catherine Motivans, 832 Balls Bluff Road, NE, encouraged Council to vote for
the bus shelters. She stated this rich town can afford this for their citizens. Further she
stated a safe crossing is needed at the Edwards Ferry Road /Bypass intersection.
Ken Reid, Board of Supervisors, thanked the Council and town staff for hosting
the meeting with the Board of Supervisors on February 13. He updated the Council that
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COUNCIL MEETING February 28, 2012
the Board of Supervisors Finance Committee had a memo about funding
intergovernmental requests. He stated there was a motion to raise the property tax on
airplanes, but failed for lack of a second but it will probably come up again. With
regards to the Balch Library funding request, he stated he would like to get county funds
for Balch Library to alleviate some of the burden that the town has shouldered. He
stated the county can appropriate money to the library without any kind of threat to the
county libraries. Furthermore, he stated the Balch meets the criteria for
intergovernmental aid just like the school resource officers. He stated it would be
helpful for the council to send a letter or a resolution requesting intergovernmental
funds. He stated it might be difficult for this year, but next year the town can apply. He
stated they are revisiting the criteria. He stated he is trying to get some traffic control at
the commuter bus lot on Sycolin at rush hour until the Tavistock Drive improvements
are completed. With regards to the courts expansion, he stated the BOS will be having a
discussion at their CIP briefings. He stated perhaps the county could look at leasing
space downtown, which might jumpstart some of the downtown developments. Finally,
he stated with respect to annexation, it would be great if the town formally requests a
meeting and put on the agenda discussion of the AADP pass through requirements. He
offered his assistance with student parking in the neighborhoods around Loudoun
County High School.
Council Member Titus stated one of the easements needed for the Tavistock
intersection improvements is from the County of Loudoun, so any assistance with
acquiring the easement would be appreciated.
Kathy Myers stated she is a resident of Purcellville and often rides public
transportation into Leesburg. She urged the Council to support bus shelters in Leesburg
and stated a shelter would be good advertisement for public transportation.
The petitioner's section was closed at 8:14 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the following
items were moved for approval as part of the Consent Agenda:
a. Health Insurance Renewal
RESOLUTION 2012 -022
Awarding a Contract for Employee Medical and Dental Insurance to
Anthem Blue Cross /Blue Shield
b. Easement Acquisition for Sycolin Road and Tavistock Drive Intersection
Improvements Project
RESOLUTION 2012 -024
Declaring that a Public Necessity and Use Exists and Authorizing an
Offer to Acquire Permanent and Temporary Easements for the Turn Lane
at Sycolin Road and Tavistock Drive Intersection Improvements Project
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COUNCIL MEETING February 28, 2012
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstaud
Nay: None
Vote: 7 -0
10. PUBLIC HEARINGS
a. FY 2013 Budget /CIP
The public hearing was called to order at 8:31 p.m.
John Wells gave a brief presentation on the FY 2013 Budget and Capital
Improvements Program.
Summary of Key Points:
• Final vote on the budget /CIP will be in two weeks
• This is the second year of the two year budget
• Total budget is $47,614,501.
• Capital Projects budget, including the operational component is
$21,332,541.
• Utility Operational budget along with capital projects and debt in the
utility fund is $19,917,572.
• Advertised tax rate is 19.5 cents, which is also the equalized rate to one
decimal point.
• Budget is available for public review online.
Kathleen Robinson, Young People's Safe Haven, stated her program is a
501(c)3, faith -based program established in 2004 by Mr. Ed Williams and Mr.
Robert Lassiter. She stated the mission of the program is to provide a safe place,
with the necessary resources and structure to redirect the lives, in a positive
manner, of at -risk youth ages 13 -17. She stated local businesses and churches
have volunteered, but a location needs to be identified for them to hold their
program.
Greg Harp, Visit Loudoun, stated they develop an annual tactical plan to
attract various types of visitors to Leesburg and Loudoun County. He stated
their programs generated a direct visitor spending of more than $53 million
county -wide last year.
Patrick Kaler, Visit Loudoun CEO, 43736 Stone Fence Terrace, reviewed
some of the programs developed by Visit Loudoun to showcase and promote the
town and the county.
The public hearing was closed at 8:45 p.m.
b. Crescent Form -Based District Deferral
The public hearing was opened at 8:46 p.m.
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COUNCIL MEETING February 28, 2012
Susan Berry Hill gave a brief presentation on the history of this item.
Summary of Key Points:
• Council adopted the Crescent Form Based District a year ago, but
deferred the enactment date until March 1, 2012 to allow time for updates
to planning /engineering documents and an infrastructure analysis.
• Staff presented findings of the infrastructure analysis in November 2011,
which included:
• District will be served by public infrastructure
• Grid network will need to be added to for connectivity
• Town Plan policy anticipates public and private participation in the
infrastructure of the Crescent District; however, the levels of
participation are not defined
• Two elements were deleted to simplify the regulating plan
✓ Bridge crossing for the W &OD Trail
✓ Interior connections to the Barber & Ross property
• Three basic scenarios for paying for infrastructure improvements:
• Paid for by the private sector
• Paid for by the public sector
• Public /Private Partnership
• Costs for infrastructure will be substantial
• Eminent domain legislation may add to the already substantial costs
• Staff looked at a "hybrid" approach incorporating elements out of Form
Based Code and applying them to the B -2 district
• Proposal is to defer the effective date of the Crescent Form Based District
to a date not later than July 31, 2013
• Planning Commission has recommended deferral
There were no members of the public wishing to speak at this public
hearing.
Council Comments:
• What does the Form Based Code do that can't be accomplished by adding
to the zoning ordinance?
Staff Answer: bringing the buildings up to the street, putting the parking
behind and trying to develop a streetscape or public venue that is
consistent throughout and welcoming to pedestrians. Hybrid approach is
attempting to do that without adopting a regulating plan
• Concern over the cost of the infrastructure
• What is the work plan?
Staff Answer: Staff would like to discuss the time frame with Council.
• Is there adequate language in the deferral ordinance to protect the town
against vesting?
Staff Answer: The deferral ordinance will be amended with language to
repeal the earlier ordinance.
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• Concern over the length of time
• Work session needed to determine what Council wants before staff can
come up with a work plan
Ann Robinson, stated she agrees with Council Member Butler. She
pointed out that $35 million would pay for a bridge over the Edwards Ferry
Road /Bypass intersection.
The public hearing was closed at 9:14 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member Dunn, the
following was proposed.•
ORDINANCE 2012 -0 -006
To Defer the Effective Date of Ordinance Number 2011 -0 -004, the Amendment of
the Leesburg Zoning Ordinance to Establish the Crescent Form -Based Zoning
District (Text and Map Amendments)
Council Member Dunn made a motion to amend the resolution to shorten the
length of the deferral to a six month period. The motion was seconded by Council Member
Butler.
The motion to amend failed by the following vote:
Aye: Butler, Dunn and Martinez
Nay: Hammler, Wright and Mayor Umstattd
Vote: 3 -3 (Titus abstaining)
The original motion on the deferral ordinance was approved by the following vote:
Aye: Dunn, Hammler, Titus, Wright and Mayor Umstattd
Nay: Butler and Martinez
Vote: S -2
11. RESOLUTIONS AND MOTIONS
a. Easement Acquisition for the Airport Expansion Southwest End Project
This item was moved off of the Consent Agenda.
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following was proposed.•
RESOLUTION 2012 -021
Declaring that a Public Necessity and Use Exists and Authorizing an Offer to
Acquire Real Property for the Land Acquisition — Airport Expansion South West
End of Airport Project for the Leesburg Executive Airport
Council Comments:
• Will assist the Airport in maintaining economic viability.
• Bulk of the project is being funded by federal and state grants.
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February 28, 2012
Council Member Titus made a motion to postpone this item until the March 13
meeting. The motion was seconded by Council Member Hammler for discussion purposes.
Council Questions:
• Will postponement cause any negative financial effect?
Staff Answer: Not if the postponement is only for two weeks.
• What is the purpose of the postponement?
Council Member answer: To have an opportunity to ask more questions
of the property owner.
• Could negotiations be stopped if Council so decides?
Staff Answer: Property owner could state that the Town is not negotiating
in good faith. Direction needs to be clear one way or the other.
The motion to postpone for two weeks failed by the following vote:
Aye: Hammler and Titus
Nay: Dunn, Wright, Martinez, Butler, and Mayor Umstattd
Vote: 2 -5
Council Member Comments:
• A lot of money is being spent on the airport in the same year as the airport
fund was abolished as an enterprise fund.
• Town's share is $57,000 of an over -$2 million project
The original motion was approved by the following vote:
Aye: Dunn, Hammler, Martinez, Butler, Wright and Mayor Umstattd
Nay: Titus
Vote: 6 -1
b. Edwards Ferry at Route 15 Bypass Right Turn Lane Project — Change
Order Authorization
This item was moved off the Consent Agenda.
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the
following was proposed.•
RESOLUTION 2012 -023
Edwards Ferry at Route 15 Bypass Right Turn Lane Improvements Change Order
No. 6 for Design and Engineering Services
Council Questions:
• Funds could be better used to help pedestrians cross the intersection.
• Project will increase difficulty of pedestrian crossing.
• Intersection is a state road and cost of a pedestrian bridge is high.
• Total project cost is $1,260,000 and $420,000 has been committed by
VDOT, and $99,056 comes from proffers, and $540,000 from bonds.
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COUNCIL MEETING February 28, 2012
• More frequent Safe -T -Ride buses may be more effective than trying to get
pedestrians across the intersection
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Bus Shelters
On a motion by Council Member Butler, seconded by Council Member Hammler,
amended language for this resolution was proposed:
RESOLUTION 2012 -025
Authorizing Funding to Provide the Local Match to Virginia Regional Transit for
Bus Shelters Installed by Virginia Regional Transit
All edits to the language were accepted as friendly amendments.
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
15. COUNCIL COMMENTS
Council Member Dunn thanked Supervisor Reid for sharing information from
the Board of Supervisors. He stated it is good to have a supervisor who will share issues
with the town, not just ribbon cuttings and award ceremonies.
Council Member Titus stated it is his intention not to support the URAC going
forward. He stated he needs to talk to the committee.
Vice Mayor Wright stated he is looking forward to Read Across America Day
where he will be reading at Frances Hazel Reid.
Council Member Martinez stated they are in the process of organizing the Relay
for Life team. He stated they would have the very popular Pie in the Face fundraiser
again.
Council Member Hammler also thanked Supervisor Reid. She stated she
appreciated his update. She thanked everyone who came out to provide comments on
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COUNCIL MEETING February 28, 2012
the bus shelters. She stated they have to counteract the car - intensive society. She
thanked Ann Robinson for keeping this subject before Council. She thanked the Mayor
for sending a thank you letter to Mr. Burdette from the Virginia Department of Aviation,
Mr. Robert Obendorf and Mr. Alex Vogel from the Virginia Aviation Board for their
extraordinary support in keeping the town's share of aviation projects at the same level
despite federal cut backs. She stated she will be seeking a new planning commissioner
after June 30, 2012.
Council Member Butler stated he made pancakes at the homeless shelter for Fat
Tuesday. He stated Galletas will begin serving dinner on Thursdays as well as Friday
and Saturdays. He reminded everyone that the art exhibit at the airport will have a
ribbon cutting on Thursday before the Airport Commission meeting.
16. MAYOR'S COMMENTS
Mayor Umstattd disclosed a meeting with Chris Gleckner of Walsh Colucci on
Leesburg Toyota's appeal to the Council of a BAR denial. She stated there was a huge
turnout for Balch Library's presentation of 300 Miles to Freedom on Sunday. Further,
she stated they had to turn away 41 people and the film was shown later at Tally Ho.
She stated it was the story of a slave, John Jones, who escaped from a plantation near
Oadands in 1844. She stated DVDs are for sale through Balch Library.
She noted there are two new authors in Leesburg. She stated David Miles has
written "The Four Pillars of Employable Talent: Resilience, Balance, Strategic Career
Planning and Active Financial Planning" and the Winkle family has published "A Tail
of Two Corgis" and is available on Amazon.
She stated she and Vice Mayor Wright will be at Frances Hazel Reid and she will
be reading at Cool Spring Elementary. Further, she noted King Ballroom Dancing
Studio on West Market Street will have a ribbon cutting at 6 p.m. on Thursday.
17. MANAGER'S COMMENTS
Mr. Wells distributed the FY2012 Annual Report for the town. He stated it
highlights a lot of accomplishments that were directed by Council.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the meeting was
adjourned at 9:52 p.m.
Ins n C. Ltmstattd, Mayor
Town of Leesburg
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COUNCIL MEETING February 28, 2012
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