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
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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:
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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.
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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.
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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
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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
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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.
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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
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