HomeMy Public PortalAbout2012_tcmin0424COUNCIL MEETING April 24, 2012
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Kelly Burk, Thomas S. Dunn, Katie Sheldon
Hammler, Kevin Wright and Mayor Umstattd.
Council Members Absent: Council Member Martinez was absent.
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, Business Retention Coordinator Debi Parry and Clerk of
Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Mayor Kristen Umstattd
3. SALUTE TO THE FLAG: Council Member Kelly Burk
4. ROLL CALL: Showing Council Member Martinez absent
5. MINUTES
a. None.
_.. 6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Butler, seconded by Vice Mayor Wright, the meeting
agenda was approved with the addition of an item approving the next Town Hall Art Gallery
exhibit. The motion was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
7. PRESENTATIONS
a. Proclamation: Meatless Mondays
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
following was proclaimed:
PROCLAMATION
Supporting "Meatless Monday"
1 Pa c
COUNCIL MEETING April 24, 2012
WHEREAS, this country is facing a national epidemic of chronic medical
conditions linked to diet and exercise including heart disease, stroke, diabetes,
some cancers and obesity; and
WHEREAS, the leading culprit in this epidemic is the surge in our
consumption of saturated fats that come primarily from meat and dairy products
and trans fats found in junk food; and
WHEREAS, to combat this the Johns Hopkins School of Public Health
has endorsed a practical approach to lower our overall fat intake by cutting out
meat one day a week; and
WHEREAS, by doing this we could effectively eliminate one - seventh of
the saturated fats in our diet; and
WHEREAS, going vegetarian one day a week would also conserve
valuable natural resources normally used to produce meat; and
WHEREAS, Loudoun's Green Business Challenge will be awarding points
for efforts to reduce consumption of meat and dairy through initiatives such as
Meatless Mondays.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim support for "Meatless Mondays" and urge the residents
of the Town of Leesburg to improve their health and conserve valuable natural
resources by participating in this endeavor.
PROCLAIMED this 24"' day of April, 2012.
b. Proclamation: Arbor Day Tree Planting at t Harper Park Middle School
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
following was proclaimed:
PROCLAMATION
ARBOR DAY TREE PLANTING
APRIL 2 7, 2012
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska
Board of Agriculture that a special day should be set aside for the planting
of trees; and
2 1 toag
COUNCIL MEETING April 24, 2012
WHEREAS, this special day, called Arbor Day, was first observed
with the planting of more than a million trees in Nebraska; and
WHEREAS, trees provide many benefits to our community, such as
_._ reducing the erosion of topsoil, moderating temperatures, reducing heating
and cooling costs, cleaning the air and water, and they also produce oxygen
and provide a habitat for wildlife; and
WHEREAS, planting trees and maintaining mature trees in our
Town increases property values, enhances the economic vitality of local
businesses, and beautifies our community, and
WHEREAS, William S. Shipp, Principal, and Helen deGroot, Life
Sciences Teacher, both of Harper Park Middle School have agreed, along
with certain students from the school, to assist the Town by planting an
Arbor Day tree on the school grounds.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim that the Town's official Arbor Day tree for 2012 will be
planted at Harper Park Middle School on April 27, 2012 at 1:30 p.m.
PROCLAIMED this 24th day of April 2012.
8. PETITIONERS
The petitioner's section was opened at 7:38 p.m.
Linda Shotton, Chair of the Environmental Advisory Commission (EAC),
reviewed the EACs annual report. She pointed out that the EAC experienced a severe
loss with the passing of Virginia McGuire. She stated a tree has been planted at Raflo
Park as a memorial to her, which is a Magnolia Virginia. She stated a formal dedication
ceremony is being planned. She stated that former Chair, Neely Law's, ability to take
her doctorate in ecology and still remember that the town needs to operate as a business
was very educational to the commission. She stated the EAC is still accepting
nominations for the Tolbert Award. She stated that anyone, particularly young people,
who are doing an outstanding job in ecology and the environment, can be nominated for
this award.
KD Kidder, stated she is the owner of Photoworks and has been in business
downtown for 33 years. She thanked Council for supporting the Arts and Cultural
District and urged Council to support the amendments and changes to the ordinance.
She stated the historic district has been stagnating for some time, but there is hope as
First Friday is making a comeback and the Flower and Garden Show is always
successful. She stated they can invigorate the downtown.
The petitioner's section was closed at 7:42 p.m.
3 Y�
COUNCIL MEETING April 24, 2012
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the following
item was moved for approval as part of the Consent Agenda:
a. Adopting the Northern Virginia Regional Hazard Mitigation Plan
(December 2011)
RESOLUTION 2012 -046
Adopting the Northern Virginia Regional Hazard Mitigation Plan
(December 2011)
b. Authorizing Consideration of Alternate Line of Duty Insurance Carriers
RESOLUTION 2012 -047
Authorizing Consideration of Alternate Line of Duty Insurance Carriers
C. Awarding a Contract to PBGH, LLC for Financial and Compliance Audit
Services
RESOLUTION 2012 -048
Awarding a Contract to PBGH, LLC for Financial and Compliance Audit
Services
d. Supplemental Appropriation for Capital Asset Replacement Reserve
RESOLUTION 2012 -049
Amending the FY 2012 General Fund Budget and Making a
Supplemental Appropriation in the Amount of $73,770 from the Capital
Asset Replacement Reserve
e. Approving the Next Town Hall Art Gallery Exhibit — J. Riley Stewart
RESOLUTION 2012 -050
Town Hall Art Gallery — Approval of the Next Art Exhibit by J. Riley
Stewart
The Consent Agenda was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
10. PUBLIC HEARINGS
a. Amending Chapter 6, Article II of the Town Code — Airport Policies and
Fee Revisions
The public hearing was opened at 7:44 p.m.
4 E7a c
COUNCIL MEETING April 24, 2012
Kaj Dentler gave a brief summary of the important points of this code
amendment:
• Three specific amendments that have been endorsed by the Airport
Commission
• Section 6 to establish temporary commercial operator permit and fee,
which is a policy that was established and approved by Council in
December as part of the new Rules and Regulations for the airport.
Allows anyone who is not a tenant at the airport to carry out their
business at the airfield, such as a mechanic or concessionaire.
• Proposed fee for temporary commercial operator permit matches
Manassas Airport.
• Changing the fee schedule for aircraft financing to make it uniform
with the fee for aircraft sales
Council Comments/ Questions:
• Why not make the fee for aircraft financing higher rather than lower?
Staff response: Did not feel it was necessary. Fiscal impact is $200 or
less. Decision was endorsed by the Airport Commission
• Concern with lower and lower revenues from the airport
• Does changing the fee match other airports in the area?
Staff response: Do not have the answer at this time. Staff has done a fee
comparison.
• Understanding of intent of the code change is to provide additional
maintenance service options to the users of the airport and provide the
airport with control of who is on the airfield providing such services
There were no members of the public wishing to address the proposed
code changes.
The public hearing was closed at 7:48 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following was proposed:
ORDINANCE 2012 -0 -013
To Amend the Leesburg Town Code Chapter 6 (Aviation), Article II (Leesburg
Executive Airport) to Add Section 6 -26 (Temporary Commercial Operator Permit);
to Amend Appendix B (Fee Schedule) to Add Section 6 -26 Leesburg Executive
Airport Temporary Commercial Operator Permit Fee,-'and to Amend Section 6 -22
Leesburg Executive Airport Fixed Base Operator License Fee for Aircraft Financing
The motion was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
5
COUNCIL MEETING April 24, 2012
b. Amending Chapter 7 of the Town Code — Arts and Cultural District
The public hearing was opened at 7:50 p.m.
Pam Butler, Chair of the Commission on Public Arts, gave a brief
summary of the important points related to this proposed code amendment:
• Arts and Cultural District Task Force has recommended three
amendments to Chapter 7 of the Town Code intended to make it easier for
arts related businesses to actively participate in the district and bring
increased foot traffic to the downtown:
• Amend the definition of a qualified arts organization to include
graphic arts design businesses
• Move the deadline for existing downtown arts related businesses to
apply for membership in the district to August 31, 2012
• Eliminate requirement for submission of a business plan for businesses
having been in continuous operation for more than five years
Debi Parry presented a summary of the important financial points related
to this proposed code amendment:
• Over a ten year period, estimated cost for including graphic arts related
businesses would be approximately $4,500
• Adjustment of the projected numbers assume one additional graphics arts
business that would cost approximately $1,200 over a ten year period
• Total cost for the program over a ten year period is estimated at $38,592
• Goal of the district is to foster the growth of the arts and cultural base
while attracting new businesses to stimulate growth in the community
• Consider added financial benefit of increased foot traffic downtown
Council comments/ questions:
• When did this go into effect?
Staff response: Went into effect July 1, 2011
• Are there any numbers on how it has affected the local economy?
Staff response: Removal of the hurdle of submission of a five year
business plan will encourage greater participation in the arts and cultural
district
• Why the increased cost?
Staff response: Inclusion of graphic arts design businesses account for the
lost revenue. No numbers are yet available on possible increase in
revenue from the increase in number of qualified businesses. Staff is in the
process of developing metrics to track the benefits of the arts and cultural
district
• Incentive for businesses creating a business plan is removed.
Staff response: Application does require the business to provide some
detailed information about their business operations
• How many businesses have joined the Arts and Cultural District?
Staff response: Three businesses that have applied. Their applications are
on hold pending tonight's action
6 1 Page
COUNCIL MEETING April 24, 2012
• The County EDC has sent their Arts and Cultural District overlay back to
staff for more work
• Why the August 31 deadline; why a deadline at all?
Staff response: August 31 deadline was chosen to give businesses enough
time to apply. Providing incentives that affect tax deadlines, a structured
date is needed.
Gary Dickens: representing Jerry's Flowers and Gifts, stated they are one
of the three applications that are on hold. He stated that Jerry's sees flowers as
fine art. He stated that inclusion in the Arts and Cultural District would be part
of a marketing campaign for flowers as fine art.
The public hearing was closed at 8:12 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following was proposed:
ORDINANCE 2012 -0 -014
To Amend Sections 7 -3 (Definitions) and 7 -5 (Eligibility Requirements) of the
Leesburg Town Code Chapter 7 (Arts and Cultural District)
The motion was approve was approved by the following vote:
Aye: Butler, Burk, Dunn, Hammler, Wright, and Mayor Umstattd
Nay: None
Aye: 6-0-1 (Martinez absent)
11. RESOLUTIONS AND MOTIONS
a. None.
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. None.
15. COUNCIL COMMENTS
Council Member Dunn: No comments.
Vice Mayor Wright: Annual Pie in the Face fundraiser for Relay for Life is May
4. He stated Council Member Martinez, Town Manager John Wells, Director of Plan
Review Bill Ackman, Heritage High School's Athletic Director Ron Petrella,
Technology and Communication Chair J. B. Anderson, and himself will be taking a pie
in the face. He stated those wishing to bid on the opportunity to throw a pie can contact
COUNCIL MEETING April 24, 2012
Human Resources Director Nancy Fixx. He stated the Dogs for Dollars Fundraiser
raised just under $800 for Relay.
Council Member Burk: Thanked everyone for welcoming her back. She stated
she looks forward to working with everything.
Council Member Hammler: Disclosed meetings with Jay Soto from Clark Realty
and Bob Gordon discussing Barber and Ross. She welcomed Amy Wyks as the new
Director of Utilities. She stated the rain barrel workshops are coming up next weekend
and encouraged everyone to participate. She stated she is the official back up for
Council Member Martinez for NVRC and is looking for a substitute as she has another
commitment. She listed the volunteer luncheon at Balch on April 25"' as an important
event. Further she stated there will be a Preakness Party at Morven Park in May to
benefit Loudoun Therapeutic Riding.
Council Member Butler: Disclosed a meeting with Clark Realty regarding the
Barber and Ross property. He stated the Flower and Garden show was excellent. He
stated the Tree Commission handed out a lot of trees and the EAC handed out a lot of
flyers for the rain barrel workshops. He stated he will be attending the Arbor Day tree
planting on Friday with the Tree Commission. He welcomed Council Member Burk.
He stated that J. Riley Stewart's photography is excellent and he is looking forward to
seeing the entire exhibit. He stated Council Member Martinez, who is in Korea on
behalf of the Council, said he spoke with Senator Janet Howell on the way to Korea and
they both decided that Richmond cannot be fined. Further, the food is good, but he
doesn't recognize it. He is meeting with ambassadors and mayors.
16. MAYOR'S COMMENTS
Mayor Umstattd welcomed Council Member Burk. She stated even before being
sworn in, she attended the Valor Awards on behalf of the town.
17. MANAGER'S COMMENTS
John Wells welcomed Council Member Burk on behalf of himself and all the
staff. He noted a new version of the Council Planning Calendar was provided to
Council. He noted the agenda item on Form Based Code is for the May 7 meeting. He
recommended Council read this in advance and ask staff any questions. He distributed
removable refrigerator stickers to Council that work on the new refrigerators as opposed
to magnets.
Further, he stated the town has purchased a hybrid vehicle — a Ford Escape. It is
being used in the utility department for water turn ons and offs.
18. CLOSED SESSION
a. None.
8 1 ll gt
COUNCIL MEETING April 24, 2012
19. ADJOURNMENT
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the meeting was
adjourned at 8.•26 p. m.
A'Z E -�
Clerk of Coi"
2012 Ccmin0424
Krste °n C. Urhstattd, Mayor
Town of Leesburg
9 1 f�,��