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HomeMy Public PortalAbout2012_tcmin0508COUNCIL MEETING May 8, 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, Marty Martinez, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Dunn arrived at 7:32 p.m. and left at 8:10 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, 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: Vice Mayor Kevin Wright 3. SALUTE TO THE FLAG: Council Member Marty Martinez and the Loudoun County High School Naval Junior Reserve Officers' Training Corps Color Guard 4. ROLL CALL: Showing Council Member Dunn arriving at 7:32 p.m. and leaving at 8:10 p.m. 5. MINUTES a. Regular Session Minutes of April 10, 2012 On a motion by Council Member Martinez, seconded by Council Member Butler the minutes of the regular session of April 10, 2012 were approved by a vote of 7 -0. b. Work Session Minutes of April 23, 2012 On a motion by Council Member Burk, seconded by Council Member Butler, the minutes of the work session of April 23, 2012 were approved by a vote of 6 -0 -1 (Martinez abstaining). C. Regular Session Minutes of April 24, 2012 On a motion by Council Member Butler, seconded by Council Member Burk, the minutes of the regular session of April 24, 2012 were approved by a vote of 6-0-1 (Martinez abstaining). 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Martinez, seconded by Vice Mayor Wright, the meeting agenda was approved as presented by the following vote: Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstaud Nay: None Vote: 7 -0 7. PRESENTATIONS 1 Pa r COUNCIL MEETING May 8, 2012 a. Certificates of Recognition — Loudoun Countv High School Naval Junior Reserve Officers' Training Corp (NJROTC) Color Guard On a motion by Council Member Hammler, seconded by Council Member Butler, Certificates of Recognition were presented to the following all female members of the NJROTC Color Guard: Melissa Wick Alexis Martohue Hailey Kinkade Carla Campao b. Proclamation — National Travel and Tourism Week On a motion by Council Member butler, seconded by Council Member Martinez, the following was proclaimed: PROCLAMATION National Travel and Tourism Week May 5t'— May 2012 WHEREAS, travel to and within the United States provides significant economic benefits for the nation, including direct expenditures by domestic and international travelers totaling $813 billion in 2011 and spurring an additional $1.1 trillion in other industries; and WHEREAS, travel related businesses are among the largest private- sector employers in the United States, supporting 14.4 million jobs in 2011; and WHEREAS, travelers' spending directly generated tax revenues of $124 billion for federal, state and local governments, funds used to support essential services and programs; and WHEREAS, the tourism industry contributes substantially to the Leesburg community's cultural and social well being by way of the attractions, special events, arts, shopping and dining opportunities; and WHERAS, each Leesburg household receives more than $139.00 annually in combined Town and County tax relief as a result of visitor spending; and WHEREAS, 23 group bookings were made in 2011 which alone generated more than $1,341,601 in direct visitor spending to the Town of Leesburg; and WHEREAS, travel can serve as a catalyst to help move the national economy forward. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 5 - May 13, the Year 2012, as Travel 2 1 P 0 r COUNCIL MEETING May 8, 2012 and Tourism Week in the Town of Leesburg and urge the citizens to support our local tourism industry businesses. PROCLAIMED this 8'' day of May' 2012. C. Proclamation — National Small Business Week On a motion by Council Member butler, seconded by Council Member Martinez, the following was proclaimed: PROCLAMATION NATIONAL SMALL BUSINESS WEEK May 20`' — May 26`'', 2012 WHEREAS, in recognition of the small business community's contribution to the American economy and society, the President of the United States designates one week a year as National Small Business Week; and WHEREAS, small business owners and their employees across the nation continue to help drive the economy through sustainable economic growth and job creation; and WHEREAS, approximately 543,000 new businesses were created each month across the Nation in 2011 marking some of the highest levels of entrepreneurship over the past 16 years; and WHEREAS, Leesburg and Loudoun County have shown tremendous dedication and support to our small businesses through the opening of the George Mason Enterprise Center — Leesburg / Loudoun as well as our partnership with the Loudoun Small Business Development Center; and WHEREAS, National Small Business Week provides the opportunity to honor the achievements and the spirit of entrepreneurship and innovation of our small business owners. THEREFORE, the Mayor and Town Council of the Town of Leesburg in Virginia hereby proclaim the week of May 20t' — May 26`'', of the Year 2012 as National Small Business Week in the Town of Leesburg and urge the citizens of Leesburg to support our local small businesses to do their part to support a healthy economic environment for the Town of Leesburg. PROCLAEUED this 8' day of May' 2012. 3 1 Pao C COUNCIL MEETING May 8, 2012 8. PETITIONERS The petitioner's section was opened at 7:47 p.m. Butch Porter, gave an update on the Leesburg Downtown Business Association (LDBA). He thanked the leadership of the organization for their hard work. Paige Buscema, stated the LDBA promotions committee's goal is to keep people aware that the downtown is a viable, active business district. She stated their advertising campaign has been very successful and they are working on a new campaign. Gigi Robinson, 207 Prince Street, NE, stated that Mr. and Mrs. Sutphin could not attend, but asked that she speak for them as well. She expressed concern regarding easements required for the Lowenbach project. She expressed concern for placement of water meters in the front yards and the easements required for such a placement. She questioned why the water meters could not be located in the public right of way (sidewalks) such as they are on other streets in town. She suggested the meters be placed in the sidewalks and new easement documents be sent to the residents. The petitioner's section was closed at 8:00 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. Initiating Amendments to the Town Code Addressing Changes in State Law Enacted During the 2012 Session of the Virginia General Assembly RESOLUTION 2012 -051 Initiating Amendments to the Town Code to Address Changes in State Law Enacted during the 2012 Session of the Virginia General Assembly; to Comply with Code of Virginia Section 15.2 -915 (Local Ordinances May Not Regulate Firearms Unless Authorized by Statute); and to Extend the Time for Filing Business, Professional and Occupational License Taxes b. Authorizing Acquisition of Land — Sycolin Road Widening, Phase III RESOLUTION 2012 -052 Declaring that a Public Necessity and Use Exists and Authorizing an Offer to Acquire Right of Way Dedications and Easements for Sycolin Road Widening Phase III (Hope Parkway Intersection) Project C. Authorizing Acquisition of Land — Leesburg Executive Airport RESOLUTION 2012 -053 4 Page COUNCIL MEETING May 8, 2012 Authorizing a Settlement Agreement to Acquire Real Property for the Land Acquisition — Airport Expansion South West End of Airport Project for the Leesburg Executive Airport d. Approving a Supplemental Appropriation of $1,300 Resulting from a Donation from the Leesburg Moose Lodge #1041 to the Department of Parks and Recreation RESOLUTION 2012 -054 Approving a Supplemental Appropriation of $1,300 Resulting from a Donation from the Leesburg Moose Lodge #1041 and Moose Riders Club to the Department of Parks and Recreation The Consent Agenda was approved by the following vote: Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 10. PUBLIC HEARINGS a. None. 11. RESOLUTIONS AND MOTIONS a. TLAP 2012 -0001 Leesburg Toyota — Appeal of a Decision by the B.A.R. (Continued at Appellant's Request) On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed.• MOTION 2012 -008 I move to keep the Public Hearing for TLAP 2012 -0001 Leesburg Toyota open through June 15, 2012 at the request of the Appellant The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Hammler abstaining) b. Setting the FY 2013 Council Calendar On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed.• RESOLUTION 2012 -055 Setting the FY2013 Council Calendar Council Member Hammler made a motion to amend the proposed calendar to accommodate a conflict with the Annual VML conference dates on September 24 -25. The motion was seconded by Council Member Burk. After discussion, Council Member Hammler withdrew her motion to amend. 5 1 Pa COUNCIL MEETING May 8, 2012 The original motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 C. Appointment to the Utility Rate Advisory Committee Council Member Wright made a motion to suspend the rules, which was seconded by Council Member Martinez. The motion to suspend the rules was approved by the following vote: Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) Council Member Burk proposed the following motion, seconded by Council Member Martinez- MOTION 2012 -009 I move to appoint Any L. Hill to the Utility Rate Advisory Committee (URA C) The motion was approved by the following vote: Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn: Disclosed a meeting with Jay Sotos prior to leaving the meeting at 8:10 p.m. Council Member Butler: Noted Meatless Mondays have begun and he is participating. He encouraged everyone to see a National's game. He stated the tree planting of the Arbor Day Tree at Harper Park Middle School was fun. He stated First Friday and the Pie in the Face Fundraiser was terrific. Council Member Hammler: Apologized for missing the Pie in the Face Fundraiser, but stated she was in Virginia Beach for the VML Executive Meeting. She thanked all the small businesses in Leesburg. She stated she attended a meeting with Bridget Bean, the district administrator of the Small Business Administration and they 6 1 E agc COUNCIL MEETING May 8, 2012 would like to bring more of their resources to Leesburg. She thanked the Leesburg Moose Lodge for their donation of a defibrillator for Freedom Park. She congratulated the Tolbert Award winners: Chiara Solitario, Julie Gurnee and Felicity Francis. She reminded everyone of the Business Appreciation Awards next Tuesday. Council Member Martinez: stated the ROTC Color Guard was fantastic. He congratulated the Babe Ruth teams on their success. He stated there would be a presentation at the next Council meeting on the NVRC international trip to S. Korea. Council Member Burk: Stated she presented the Shenandoah Teacher of the Year award to Shannon Allen at the School Board meeting. She stated this is the 16`h year that Shenandoah University has honored a Loudoun County teacher. She stated she attended the Hangar Dance on Saturday, sponsored by a group that supports World War II veterans. She noted that she was sworn in by a woman judge, the first time this has occurred in Leesburg and the all- female NJROTC Color Guard is the first of its kind in Loudoun. She congratulated the LDBA on the First Friday efforts. She stated they are getting better and better. Vice Mayor Wright: Stated Pie in the Face was very successful, raising about $1,900 for Relay for Life. He thanked all the volunteers and bidders. He reminded everyone about Relay for Life on June 2. He stated the Government Steps team is looking for more volunteer walkers. Further, he asked that everyone invite cancer survivors to the Survivor's Dinner at 4 p.m. at Heritage High School. He stated he had the opportunity to participate in the Bible reading marathon. He reminded everyone of the Community Shred Event on Saturday and noted that Loudoun Interfaith Relief will be collecting food for the food pantry as well. He encouraged everyone to come to Town Hall to view the new Art Gallery display of photographs by J. Riley Stewart. 16. MAYOR'S COMMENTS Mayor Umstattd thanked Vice Mayor Wright and Council Member Martinez for their work on the Relay for Life events. She stated the Donations for Dogs fundraiser was very good and raised a lot of money for the American Cancer Society. She thanked the Stewart family for organizing Saturday's Megan's Walk to raise money for Cystic Fibrosis research. She also thanked the Keyette Club at Loudoun County High School for helping with the set up for Megan's Walk and noted there have been some medical breakthroughs in treating cystic fibrosis that is related to particular gene markers. She thanked Bachrach Photography for allowing the Bible Reading Marathon to tap in their electricity and to use their restrooms. She also thanked Steve Stockman for putting up a banner for the Marathon on his building. She also thanked Oleg Tatian for providing bottled water and donuts for kick off day. She stated the organizers did a wonderful job this year. 17. MANAGER'S COMMENTS John Wells stated the utility work near the east end triangle and Loudoun Street is part of the Downtown Improvements Project. He stated Dominion Power will be moving the poles and lines which will cause some late night /early morning street closures. 7 1 P��L COUNCIL MEETING May 8, 2012 He thanked Human Resources Director Nancy Fixx for organizing the Pie in the Face fundraising event. 18. CLOSED SESSION Mayor Umstattd made the following motion, seconded by Council Member Martinez: Pursuant to Section 2.2- 3711(A) (7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of receiving information and discussion regarding: a. Litigation Update The motion was approved by the following vote: Aye: Burk, Butler, Hammler, Martinez, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) The meeting convened in Closed Session at 8:27p.m. The meeting reconvened in Open Session at 8.•43 p.m. On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following was certified In accordance with Section 2.2 -3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Aye: Burk, Butler, Hammler, Martinez, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 19. ADJOURNMENT On a motion by Vice Mayor Wright, seconded by Council Member Butler, the meeting was adjourned at 8:43 p. m. en C. mstattd, Mayor Town of Leesburg T Clerk of ou cil 2012 tcmin050 8 1 E'ai c