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HomeMy Public PortalAbout2012_tcmin0710COUNCIL MEETING July 10, 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: None. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Utilities Amy Wyks, Director of Finance Norm Butts, Deputy Director of Utilities Aref Etemadi, Land Acquisition Manager Keith Wilson, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Kelly Burk 3. SALUTE TO THE FLAG: Vice Mayor Kevin Wright 4. ROLL CALL: Showing all members present 5. MINUTES a. Regular Session Minutes of June 12 2012 On a motion by Council Member Burk, seconded by Vice Mayor Wright, the minutes of the Regular Session of June 12, 2012 were approved by a vote of 6-0-1 (Dunn abstaining). 6. ADOPTING THE MEETING AGENDA On the motion of Vice Mayor Wright, seconded by Council Member Dunn, the meeting agenda was approved as presented by the following vote: Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 7. PRESENTATIONS a. Certificate of Reco nition — Eagle Scout Aaron Branch On a motion by Council Member Burk, seconded by Council Member Hammler, Aaron Branch was awarded a Certificate of Recognition on achieving the rank of Eagle Scout. b. Certificates of Recognition - Winners of the 2012 Patriot Cup On a motion by Council Member Burk, seconded by Vice Mayor Wright, the Patriotic Peddlers were awarded Certificates of Recognition for their entry in the 2012 Independence Day Parade. 8. PETITIONERS 1 Page COUNCIL MEETING July 10, 2012 The petitioner's section was opened at 7:43 p.m. Chelsie Kneen, stated she represents Supervisor Geary Higgins, and wants to address the issues facing the Raspberry Falls residents and possible solutions to those issues. She stated Supervisor Higgins has a board meeting this evening and is unable to attend the Council meeting. She stated the Board of Supervisors is interested in finding a solution to this problem and have authorized county staff to pursue the issue. She stated the county is willing to fund a study to assess the feasibility of the project, but needs assurance from the Town Council that Leesburg is willing to participate by providing bulk water to Loudoun Water consistent with industry standards. She stated Loudoun Water has proposed a membrane filtration system to allow us of the Goudy well. She stated that well will solve the quantity problem but the residents are concerned that this is not a long term solution to their quantity problem which is why they are interested in pursuing the pipeline option. Richard Wolfe /JB Anderson, Leesburg Volunteer Fire Department, stated they have been researching the history of the Volunteer Fire Department and are looking to have an anniversary celebration for the fire company. They asked Council to provide waiver of fees associated with their search. Theresa Crane, stated she is the treasurer of the Loudoun Symphony. She stated they are very excited about the potential of the 1812 concert. She stated without the funding, they will have a much smaller event. Sandy Kane, 815 Kenneth Place, stated she has served on the Board of Loudoun Symphony for three years and it has been a wonderful experience. She encouraged Council to partner with the symphony to produce the 1812 anniversary concert at Morven Park. She introduced Maestro Mark McCoy. Mark McCoy, stated he has been music director of the organization for the past 14 years. He stated they are the largest and leading arts organization in Loudoun County. He stated this event will benefit the people of Loudoun County and they partnered with the Journey Through Hallowed Ground to bring an educational entertainment opportunity to the County. Ara Bagdasarian, stated he is the president of the Board of Loudoun Symphony. He stated the war of 1812 was an important event to the Town of Leesburg. He stated they have partnered with other organizations. He stated the dollars spent will go towards promoting Leesburg to the region and on a national basis. He stated they have secured some media partnerships and they want to promote Leesburg. The petitioner's section was closed at 7:59 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following items were moved for approval as part of the Consent Agenda: 2 1 Page COUNCIL MEETING July 10, 2012 a. Awardinjq a Construction Contract - Police Technical Support Building RESOLUTION 2012 -078 Awarding the Police Station Technical Support Building Expansion and Renovation Project Construction Contract b. Accepting the Public Improvements and Releasing the Performance Guarantee for Oaklawn Townhouses Section II RESOLUTION 2012 -079 Accepting Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Oaklawn Townhouses - Section II (TLCD) 2005 -0002) C. Approval of the Next Town Hall Art Gallery Exhibit- Jennifer DeAngelo RESOLUTION 2012 -080 Town Hall Art Gallery - Approval of the Next Art Exhibit by Jennifer DeAngelo The Consent Agenda was approved by the following vote: Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstaud Nay: None Vote: 7 -0 10. PUBLIC HEARING a. Lowenbach Phase III - Prince Street Land Condemnation Authorization The public hearing was opened at 8:01 p.m. Keith Wilson gave a brief presentation regarding this public hearing: • Funded capital project for drainage and street improvements • Land rights were needed from 29 landowners in the 100 -200 block of Prince Street and the 400 block of Blue Ridge Avenue • 26 of the 29 landowners have agreed to the acquisition of the necessary land rights • Negotiations continue for the remaining three parcels to secure voluntary conveyance of the necessary land rights • Authorization is requested for the use of condemnation for the properties where the land rights cannot be acquired by negotiation or where release consent of the mortgage holder cannot be obtained Council Comments: • Why is staff requesting the public hearing be kept open? Staff answer: Negotiations are continuing with the land owners and consent may be able to be obtained. 3 1 r� :� COUNCIL MEETING July 10, 2012 Larr Kelly, 404 Edwards Ferry Road, stated he is one of the landowners that have not agreed to the acquisition yet. He stated this has been stressful and difficult to swallow since the town said they would not need any property. He stated they have made good progress to coming to an agreement and urged Council to hold the hearing open so they can continue to negotiate. He asked that the fire hydrant not be placed on the corner of his property. The public hearing was kept open until the next Council meeting. b. Amending the Town Code — Utility Fee Revisions The public hearing was opened at 8:08 p.m. Amy Wyks gave Council a brief presentation on the proposed Code amendments: • Some amendments stem from action taken at the 2012 General Assembly session • HB567 allows the town to place a lien on the landlord's property in the event that a tenant does not pay their water bill • Does not affect any landlord /tenant relationships that currently exist • Clarification of a "new account" • Amending language to change "director of finance" to "town" — utility billing will move to the Utilities Department in the future • Clarifies definition of "public meter" • New miscellaneous fee and charge section to cover existing services that the town provides but did not previously charge • Fees are within industry standards in the local area Council Comments/ Questions: • What is the expected increase in revenue? Staff answer: Estimate between $40,000- 60,000 per year. • New account fee covers water and sewer? Staff answer: Current new account fee is $10 for water, $10 for sewer. This would raise both new account fees to $15 each, or $30 for both. • Will residents be able to check their water usage online in the future? Staff answer: Estimated date for the system to be live is November /December. • Is there a problem with unauthorized trucks loading water at public hydrants? Staff answer: Occasionally, but Leesburg residents are diligent about reporting this. Pictures of the navy blue /royal blue meter are posted on the website. • Has the Utility Rate Advisory Committee had the opportunity to review these changes? Staff answer: Yes and they have endorsed them. 4 1Pih COUNCIL MEETING July 10, 2012 • Will the homeowner be charged the fee if the town comes out to determine whether the problem is on the town's side or the homeowner's side? Staff answer: Typically no. The technician will call the homeowner back after receiving the dispatch to understand what the problem might be before going to the residence. There were no members of the public wishing to address this public hearing. The public hearing was closed at 8:27 p.m. On a motion by Council Member Burk, seconded by Vice Mayor Wright, the following was proposed.• ORDINANCE 2012 -0 -018 To Amend and Reordain Sections of Chapter 34 (Utilities), Article H (Water System) and III (Sewers and Sewage Disposal) of the Town Code of Leesburg, Virginia, 2009, as amended and Section 34 of Appendix B, Fee Schedule regarding Water and Sewer Charges The motion was approved by the following vote: Aye: Butler, Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 11. RESOLUTIONS AND MOTIONS a. 1812 Concert Funding Jeanette Irby stated since this event is commemorating a historical event, the fact that it is not planned to be held within town limits will be allowed. On a motion by Council Member Martinez, seconded by Council Member Burk, the following was proposed.• MOTION I move that the Town Council provide $S, 000 from the undesignated fund balance to the Loudoun Symphony to support the War of 1812 Centennial Event at Morven Park Council Comments/ Questions: Good partnership and beneficial to the town What is the level of funding expected from Visit Loudoun and Loudoun County? Symphony response: Journey through Hallowed Ground submitted a grant request to Visit Loudoun in partnership with the Symphony but it has not been awarded at this time 5 1 COUNCIL MEETING July 10, 2012 • Town provides a significant amount of funding to Visit Loudoun to support this type of event on behalf of Leesburg • The Friends of the Balch Library are sponsoring a similar educational fundraising event on August 19 at the Birkby House • Does the town know what the level of the undesignated fund balance will be yet? Staff answer: The town will end the year with a positive balance, but the books for the fiscal year do not officially close until 45 days after the fiscal year because of accruals. Any funds, based on the policy adopted with last year's budget, will be used to meet the 15% fiscal reserve and remaining funds go towards the fiscal 2017 debt service reserve fund. • The only grants/ donations made by the town in the past fiscal year budget were the grants to the volunteer fire company, Bluemont Concert series and Visit Loudoun • Concern with donation requests out of the budget cycle • Is the symphony nonprofit? Symphony response: Yes. • What is the symphony's fundraising goal? Symphony response: to raise $30,000 to cover the production costs for the event. Not intended as a fundraiser, but to raise awareness of the symphony • What are ticket prices and expected attendance? Symphony response: Estimating about 1,000 up to 5,000 guests. Break even number is about 1,500 paid tickets (children are free). • Council Members are stewards of public funds • Will there by an additional request for town staff hours? Staff answer: Because the proposed location is outside town limits, there would be no need for street crews; however, there may be a need for traffic mitigation. • The Town has lost a lot of events because Council did not support them Mayor Umstattd made a motion to amend the main motion to change the amount of contribution to $1, 000. The motion failed for lack of a second. The main motion failed by the following vote: Aye: Butler, Burk, and Martinez Nay: Dunn, Hammler, Wright and Mayor Umstattd Vote: 3 -4 b. Raspberry Falls On a motion by Council Member Butler, seconded by Council Member Dunn, the following was proposed.• RESOLUTION Consideration of Negotiating Bulk Water Sales to Loudoun Water 6�t'� COUNCIL MEETING July 10, 2012 Council Member Dunn offered a friendly amendment to add the words "if necessary" to the end of the last whereas clause on page 1. Council Member Butler accepted the amendment as friendly. Council Comments: • Allows study to go forward • Raspberry Falls can decide whether they want to absorb the cost • Leesburg can still opt out • Have to find new customers for the utility plant • There is no health, safety or welfare issue according to Loudoun Water • In 2015 -2017 built out estimates, the town will become close to capacity numbers that require plant expansion or design • No guarantee that water would only go to Raspberry Falls • Disservice to ratepayers to not consider extra income The motion failed by the following vote: Aye: Dunn and Butler Nay: Burk, Hammler, Martinez, Wright and Mayor Umstattd Vote: 2 -S On a motion by Vice Mayor Wright, seconded by Council Member Burk, the following alternate resolution was proposed: RESOLUTION 2012 -081 Extension of Leesburg Town Water to Raspberry Falls The motion was approved by the following vote: Aye: Burk, Hammler, Martinez, Wright and Mayor Umstattd Nay: Butler and Dunn Vote: 5 -2 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMNIENTS Council Member Dunn: stated the Fourth of July Parade was enjoyable despite the heat. He stated the Town Plan does state that if the town should provide water outside its service area, the town needs agreements with the county. He thanked everyone for their consideration of the Raspberry Falls water issue. 7 IP COUNCIL MEETING July 10, 2012 Vice Mayor Wright: complimented the Patriot Cup winners. He encouraged everyone to check on their neighbors, particularly the elderly, during the summer heat wave. Council Member Burk: stated she enjoyed the parade, which she felt was well organized and fun. She stated she had the opportunity to participate in Aaron Branch's Eagle Scout ceremony and encouraged everyone to attend an Eagle Scout ceremony as they are very inspiring. She stated she has received complaints about the sound level on Comcast. Council Member Martinez: apologized for missing the parade as he was celebrating his daughter's 25`h birthday. He stated his daughter, Hillary, has passed her Boards and is now a doctor of physical therapy. Council Member Hammler: stated she attended the executive committee meeting of VML last weekend and brought forth the discussion about eminent domain and working statewide to get the message out that local taxpayers will be paying hidden costs with respect to this legislation. She thanked Council Member Martinez for covering the Technology and Communication Commission meeting for her. Council Member Butler: had no comments. 16. MAYOR'S COMMENTS Mayor Umstattd disclosed two meetings with town staff and Hobie Mitchell regarding a proposal for the Barber and Ross site. She thanked Leesburg Today for their sponsorship of the Patriot Cup. 17. MANAGER'S COMMENTS No comments. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 947p. m. A E L- Clerk of C/ u cil 2012 tcmin0710 C. mstattd, Mayor �7 Town of Leesburg 8 1 r, aric