HomeMy Public PortalAbout2012_tcmin0828COUNCIL MEETING August 28, 2012
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas S. Dunn, Katie Sheldon
Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: Council Member Dunn arrived at 7:46 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Capital Projects Renee LaFollette, Director of
Utilities Amy Wyks, Land Acquisition Manager Keith Wilson, Deputy Director of
Capital Projects Tom Brandon, Director of Human Resources Nancy Fixx, Assistant
Town Manager Scott Parker, 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 Tom Dunn arriving at 7:46 p.m.
5. MINUTES
a. Regular Session Minutes of July 10, 2012
On a motion by Council Member Martinez, seconded by Council Member Butler,
the minutes of the Regular Session meeting of July 10, 2012 were approved by a vote of 6 -0-
1(Dunn absent).
b. Work Session Minutes of July 23, 2012
On a motion by Vice Mayor Wright, seconded by Council Member Burk, the
minutes of the July 23, 2012 work session were approved by a vote of 4 -0 -2 -1
(Butler/Martinez abstaining, Dunn absent).
C. Regular Session Minutes of July 24, 2012
On a motion by Council Member Martinez, seconded by Council Member Burk,
the minutes of the Regular Session of July 24, 2012 were approved by a vote of 5 -0 -1 -1
(Butler abstaining, Dunn absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Wright, seconded by Council Member Martinez, the meeting
agenda was approved as presented by the following vote:
Aye: Burk, Butler, Rammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
COUNCIL MEETING August 28, 2012
7. PRESENTATIONS
a. Proclamation — National Payroll Week
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following proclamation was approved:
PROCLAMATION
National Payroll Week
September 3 -7, 2012
WHEREAS, the American Payroll Association and its 23,000 members
have launched a nationwide public awareness campaign that pays tribute to the
more than 156 million people who work in the United States and the payroll
professionals who support the American system by paying wages, reporting
worker earnings and withholding federal employment taxes; and
WHEREAS, payroll professionals in Leesburg, Virginia play a key role in
maintaining the economic health of Leesburg, Virginia, carrying out such diverse
tasks as paying into the unemployment insurance system, providing information
for child support enforcement, and carrying out tax withholding, reporting and
depositing; and
WHEREAS, payroll departments collectively spend more than $15
billion annually complying with myriad federal and state wage and tax laws; and
Whereas payroll professionals play an increasingly important role ensuring the
economic security of American families by helping to identify noncustodial
parents and making sure they comply with their child support mandates; and
WHEREAS, payroll professionals have become increasingly proactive in
educating both the business community and the public at large about the payroll
tax withholding systems; and
WHEREAS, payroll professionals meet regularly with federal and state
tax officials to discuss both improving compliance with government procedures
and how compliance can be achieved at less cost to both government and
businesses; and
THEREFORE PROCLAIMED by the Council of the Town of Leesburg
in Virginia that the week in which Labor Day falls is National Payroll Week in
the Town of Leesburg and the Council gives additional support to the efforts of
the people who work in Leesburg, Virginia and of the payroll profession.
PROCLAIMED this 28`' day of August, 2012.
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COUNCIL MEETING August 28, 2012
b. Green Energy Partners Update
John Andrews, Jr., gave a brief synopsis of the status of the Green Energy
plant project. He reviewed various changes to the site plan and a timeline of
expected approvals.
8. PETITIONERS
The petitioner's section was opened at 7:46 p.m.
Neal Zimmerman, Special Operations Warrior Foundation, stated this is the
ninth year they will hold a benefit ride for the foundation. He stated it starts in Leesburg
and ends in Gettysburg, traveling through four states, 19 counties, 3 national battlefields
over a 3 '/Z hour period. He asked for a fee waiver for police support for the start of the
ride. He stated he would like to see at least two to three escorts for the front of the
column. He stated this is among the top five ride events in the region.
Mayor Umstattd summarized that the purpose of the Special Operations Warrior
Foundation is to raise money to take care of the college educations for the children of
fallen Special Operations service men and women.
Council Member Burk made a motion to Suspend the Rules, seconded by Council Member
Martinez. The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following was proposed:
MOTION 2012 -020
I move to waive the fees associated with the 9`h Annual Battlefield Run supporting the
Special Operations Warrior Foundation
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
Linda Gwinn - Casey, 823 Catoctin Circle, NE, stated she represents the interests
of the Exeter community. She stated they have noticed increased traffic due to the
opening of Battlefield Parkway and the opening of three new schools. She asked for a
traffic light at Catoctin and Battlefield or Plaza and Battlefield. She stated traffic
calming is needed because the stretch of roadway is too long and there is still speeding.
The petitioner's section was closed at 8:01 p.m.
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COUNCIL MEETING August 28, 2012
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following items were moved for approval as part of the Consent Agenda:
a. Old Waterford Road Sidewalk Construction Contract Award
RESOLUTION 2012 -091
Awarding the Construction Contract for the Old Waterford Road Sidewalk Project
to Arthur Construction Co., Inc., in the Amount of $344,990. 00
b. Authorizing Acquisition of Easements for Lower Sycolin Sewage
Conveyance Systems Phase II
RESOLUTION 2012 -092
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire
Permanent and Temporary Easements for the Lower Sycolin Creek Sewage
Conveyance System, Phase II — Sycolin Branch Sewer Project
Awarding a Construction Contract for Airport South Apron Helipads and
North End Access Road Projects
RESOLUTION 2012 -093
Awarding the Construction Contract for the Airport South Apron Helipads
Construction and the Airport North End Access Road Rehabilitation Projects and
Accepting a Grant from the Virginia Department of Aviation
d. Authorizing Design Change Order for Design and Engineering Services
for Lowenbach Improvements Project
RESOLUTION 2012 -094
Lowenbach Street Improvements Project Change Orderfor Design and Engineering
Services
e. Police Station Technical Support Building Expansion and Renovation
Chanize Order No. 5 for Construction Administration Services
RESOLUTION 2012 -095
Police Station Technical Support Building Expansion and Renovation Change
Order No. 5for Construction Administration Services
Revising the Sycolin Road Widening, Phase III Town/Virginia
Department of Transportation Agreement
MOTION 2012 -096
Approving a Revision to the Sycolin Road Widening Phase III Town/ Virginia
Department of Transportation Administrative Agreement Reflecting FY2013
Revenue Sharing Funding and Authorizing the Town Manager to Execute this
Agreement
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COUNCIL MEETING August 28, 2012
g. Approval of the Next Town Hall Art Gallery Exhibit by Robert Merhaut
FESOLUTION2012 -097
Town Hall Art Gallery — Approval of the Next Art Exhibit by Robert Merhaut
h. Supplemental Budget Appropriation to the Community Outreach
Program
RESOLUTION2012 -098
Approving a Supplemental Budget Appropriation from a Donation of $442.90
from the Leesburg Presbyterian Church to the Community Outreach Program
Authorizing an Agreement and Approving a Performance Guarantee for
PMW Farms Fort Evans Road Phase 2 and Riverside Parkway
RESOLUTION 2012 -099
Authorizing an Agreement and Approving a Performance Guarantee for PMW
Farms, Fort Evans Road Phase 2 and Riverside Parkway
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
10. PUBLIC HEARING
a. Authorizing Acquisition of Easements for Edwards Ferry Road Right
Turn Lane Project
The public hearing opened at 8:04 p.m.
Keith Wilson gave a brief summary of the item.
Summary of important points:
• Project will construct dual right turn lanes for vehicles traveling from
eastbound Edwards Ferry Road to southbound Rt. 15 bypass.
• Land rights are needed from four land owners for the project.
• Two of the properties have not been voluntarily conveyed
Council Questions/ Comments:
• Not thrilled about condemnation
• Possible interchange in the future
• What are the issues involved regarding the two properties that have not
yet been conveyed?
Staff answer: One is a compensation issue. The other is a corporate entity
that has placed requirements on the conveyance that the Town Attorney's
office cannot agree to.
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COUNCIL MEETING August 28, 2012
• Would inability to move forward quickly have financial ramifications?
Staff answer: Change in scheduling would require rescheduling of the
project by VDOT.
• Would completion of this project affect a possible future interchange
project?
Staff answer: The additional lane width needed for this project could be
used to keep traffic flowing during construction of a future interchange
project
• Turn lane is needed to relieve congestion at this intersection.
• This is a "throw- away" project. What is a potential schedule for a full
interchange?
Staff answer: There is nothing in the VDOT Six -Year plan that addresses
an interchange at this location. Design of such a project would take a
minimum of five to six years and construction would take at least 2 -3
years. If the project is not moved forward, the town's congestion
mitigation funding will be lost.
• Can some of the VDOT funds be used to find a better way to direct
pedestrians?
Staff answer: This is a limited access facility, so VDOT will not make any
accommodations for pedestrians.
There were no members of the public wishing to address this public
hearing.
The public hearing was closed at 8:15 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the
following was proposed:
RESOLUTION 2012 -100
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire
Right of Way Dedication and Easements from PIN 188 -39- 8114 -000 and PIN
188 -39- 6616 -000 for the Edwards Ferry Road at Route 15 Bypass Right Turn
Lane Improvement Project, and Authorizing Condemnation if the Offer is not
Accepted
Council Member Comments/ Questions:
• There is no funding for a full intersection.
• There are adverse impacts associated with not performing the
requirements for a grant.
• Even if funding was identified, construction would not be able to occur for
at least 5 -6 years with completion at least 10 years away.
• Speeding cars through the intersection will negatively affect pedestrians
The motion was approved by the following vote:
Aye: Burk, Hammler, Martinez, Wright and Mayor Umstattd
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COUNCIL MEETING August 28, 2012
Nay: Butler and Dunn
Vote: 5 -2
b. Amending Chapter 32 of the Town Code Regarding �Permit Parkin
Zones
The public hearing was opened at 8:22 p.m.
Calvin Grow gave a summary of the public hearing:
• Residents of Royal Street (between King and Church) requested permit
parking
• Majority of street is not residential and not eligible for permit parking
under the existing Town Code
• Recommended amendment to the town code would allow a mixed
residential zone to have permit parking in non - metered areas of the old
and historic district
• Change Town Code now and institute permit parking zone later in
September
• Other areas of the Old and Historic District might also be appropriate
• Notification letters will be sent to all property owners
• Non - residents would be held to 3 hr. parking
No members of the public wished to speak at this public hearing.
Council Comments/ Questions:
• Only allows a permit parking zone to exist in a mixed residential area,
does not actually create a permit parking zone
• What is the process for the street to have a permit parking zone?
Staff answer: Would have to meet the criteria. Street survey would be
performed — 75% of the users of the parking spaces would need to be taken
by non - residents of the area. Town Manager's Public Hearing would be
held.
• Suggest installation of parking meters — possibly relocate from Harrison
Street
• How many other streets would this affect?
Staff answer: Royal from Church to Liberty, parts of Wirt, and a section
of Cornwall towards the courthouse.
• Can we give residences a permanent parking spot?
Staff answer: that would be giving away public right of way
The public hearing was closed at 8:54 p.m.
Council Member Martinez made a motion to postpone this discussion until the next
meeting for more discussion. The motion was seconded by Council Member Dunn.
Council Debate:
• Issue needs more discussion.
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COUNCIL MEETING August 28, 2012
• Parameters need to be set
The motion to postpone until the next meeting was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
C. Authorizinp- the Re- Appropriation of Fundiniz in the Amount of
$1,500,000 from the Fiscal Year 2012 Budget for the Land Acquisition —
Airport Expansion South West End of the Airport to the Fiscal Year 2013
Budp,et
The public hearing was opened at 8:58 p.m.
Renee Lafollette gave a brief summary of the important points:
• Moves funding from FY 12 to FY 13 for the purchase of land on the
southwest end of the airport
• Council previously approved the settlement agreement
• Amount is within the previously approved budget for the project
• Closing will be scheduled in the next few weeks
There were no members of the public wishing to speak at this public
hearing.
The public hearing was closed at 9:00 p.m.
RESOLUTION 2012 -101
Authorizing the Re- Appropriation of Funding in the Amount of $1,500, 000 from
the Fiscal Year 2012 Budget for Land Acquisition — Airport Expansion South
West End of the Airport to the Fiscal year 2013 Budget
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the
motion was approved by the following roll call vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstaud
Nay: None
Vote: 7 -0
11. RESOLUTIONS AND MOTIONS
a. Parking Garage Art Mural
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
following was proposed.•
RESOLUTION 2012 -102
Development of a Public Art Mural for the Town Parking Facility
Council Member Butler asked to amend his motion to include a call for art as an
additional way to ask for submissions.
COUNCIL MEETING August 28, 2012
Mollie Crist, Vice Chair of the Commission on Public Art (COPA), stated
the COPA is requesting an extension for the request for recommendations on a
potential mural on the Loudoun Street side of the town parking garage from
August 28, 2012 to March 2013. She stated the time extension would provide the
COPA the opportunity to develop a theme, determine commitment to funding
options that have been offered and solicit the Council's feedback on the theme.
She stated the initial proposed them is a reflection of a thematic aspect of the
community such as history, growth, change, diversity or commerce and should
be created in a media that is suitable for exterior application directly on a painted
concrete wall. Further, she stated the intent is for it to become a focal point for
visitors and enhance the sense of pride in the town.
Council Member Comments/ Questions:
• Resolution will replace inadequate previous resolution by providing
specifics for the recommendation
• Additional time may be needed due to changes in the COPA membership
and the holidays
• Guidelines are already in place
• Issue of a building on the site may be revisited if there are changes on
Council in January
• Do not believe this is the best use for the property in question
Council Member Hammler proposed an amendment to change the first whereas to
strike "town garage" and add "town owned property" and add a whereas to read
"Whereas, Town Council may choose to accept an unsolicited proposal under the town's
public private education act for a building that could incorporate a mural" and change the
therefore resolved to read "Therefore, Resolved by the Council of the town of Leesburg in
Virginia that the Leesburg Commission on Public Art develop a recommendation for a
mural on the Loudoun Street side of the town parking garage and /or a plan to incorporate
it on any new building should the town decide to sell the property... "
The motion was seconded by Council Member Dunn for discussion purposes.
The motion to amend failed by the following vote:
Aye: Dunn and Hammler
Nay: Burk, Butler, Martinez, Wright and Mayor Umstattd
Vote: 2 -5
The original amended motion was approved by the following vote
Aye: Burk, Butler, Martinez, and Mayor Umstaud
Nay: Dunn, Hammler and Wright
Vote: 4 -3
12. ORDINANCES
a. None.
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COUNCIL MEETING August 28, 2012
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Additions to Future Council Meetinpas
After discussion of whether there would be a quorum present for the work
session meeting of September 10, it was determined that scheduled Back to
School nights at several schools would interfere with the ability to obtain a
quorum. It was decided to cancel the work session meeting of September 10 and
reschedule those items.
Council Member Burk asked for a recognition for Home Depot and the
Loudoun County Disability Services Board for their work in helping a
handicapped resident make repairs for her home.
Council Member Butler asked for a resolution stating Council's position
on the constitutional amendment that will be on the ballot in November. He
asked for a resolution stating Council's position to a possible move of the Courts
to the Sycolin Road government center. He also asked for a resolution stating
Council's position on the disposition of the grassy areas in front of the town
parking facility on Loudoun Street. He also asked for a work session item
dealing with crosswalks across the bypass, specifically at Edwards Ferry Road
and Battlefield Parkway. He requested VDOT attendance.
15. COUNCIL COMMENTS
Council Member Hammler disclosed a meeting with Jan Zachariasse and Rick
from Waterford Development. She thanked Council Member Martinez for his efforts
with respect to a light on Battlefield Parkway. She stated she looks forward to Council
getting involved and requesting gas tax money as soon as the SRTC makes their
recommendation. She expressed her concern for the residents of New Orleans as
hurricane Isaac is expected to make landfall there.
Council Member Martinez — comments were inaudible. He stated the St. John's
ceremony was wonderful and he was honored to meet President Obama. He noted that
the owner's of Melt's Cheeseburgers would like to have a ribbon cutting.
Council Member Burk commended Leesburg Presbyterian Church for their
donation to the R.O.C.K. program. She stated she attended the opening of St. John's
Catholic Church. She stated she also attended the Friends of Balch Library's fundraiser.
She stated the speaker was riveting. Further, she stated she enjoyed the opportunity to
welcome the President of the United States to Leesburg.
Vice Mayor Wright asked residents to remember to lock their vehicles in response
to the recent rash of vehicle break -ins. He stated he had a slightly different vantage point
on the Presidential visit. He stated he was impressed with the hard work of the town's
public safety officials. He stated he appreciates Council's willingness to adjust the
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COUNCIL MEETING August 28, 2012
schedule for Back to School Nights as it is an important message to send about the
importance of being involved in children's lives.
16. MAYOR'S COMMENTS
Mayor Umstattd stated that Melt's is in the same shopping center as the new
stores, Pinch a Dollar and Cooking Up Books — Bellewood Commons. She also noted
the ribbon cutting for Chimole Honduran Art Gallery at 10 South King Street.
17. MANAGER'S COMMENTS
Mr. Wells stated that the Town Attorney will be providing Council with an
update on legal matters. Further, he stated there will be a reception for the Council and
the Board of Supervisors hosted by the Airport Commission on September 5 from Noon
until 1:15 p.m. where a light lunch will be provided.
He also complimented the Police Department on their efforts during the
Presidential visit.
18. CLOSED SESSION
a. None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting
was adjourned at 9:54 p.m.
KristJdC.' Umstattd, Mayor
Town of Leesburg
Clerk of u it
2012 tcmin0828
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