HomeMy Public PortalAbout2012_tcmin1009COUNCIL MEETING
October 9, 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: None.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Deputy
Director of Finance Kim Williams, Research and Communications Manager Betsy
Fields, Transportation Engineer Calvin Grow and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Vice Mayor Wright
3. SALUTE TO THE FLAG: Council Member Butler
4. ROLL CALL: Showing Council Members present.
5. MINUTES
a. Work Session Minutes of September 24, 2012
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
minutes of the Work Session meeting of September 24, 2012 were approved by a vote of 4 -0-
3 (Burk /Hammler/Martinez abstaining).
b. Regular Session Minutes of September 25, 2012
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
minutes of the Regular Session meeting of September 25, 2012 were approved by a vote of
5 -0 -2 (Burk /Martinez abstaining).
6. ADOPTING THE MEETING AGENDA
On the motion of Vice Mayor Wright, seconded by Council Member Butler, the meeting
agenda was approved after moving agenda item 11 d to the Consent Agenda by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
7. PRESENTATIONS
a. Proclamation — Loudoun County Branch of the National Association for
Advancement of Colored People's Annual Banquet
On a motion by Council Member Martinez, seconded by Council Member Butler,
the following was proclaimed:
COUNCIL MEETING October 9, 2012
PROCLAMATION
The Loudoun County Branch of the National Association for the Advancement of
Colored People's Annual Banquet
October 20, 2012
WHEREAS, On February 12, 1909 the National Association for the
Advancement of Colored People was founded by a multiracial group of activists;
and
WHEREAS, for more than nine decades the NAACP has been the largest
and most recognized volunteer organization nationwide dedicated to winning the
struggle to obtain racial justice for all Americans; and
WHEREAS, the NAACP stands faithfully with courage and determination
to show a willingness to do what is right, to seek justice, and a commitment to end
the unjust system that dehumanizes the beauty and sacredness of human equality;
and
WHEREAS, this year marks the 72nd anniversary of the Loudoun County
Branch of the NAACP; and
WHEREAS, the Loudoun County Branch of the NAACP provides local
programs to nurture and foster the growth of young people through mentoring,
tutoring and its recent recognition of seven high school students who
demonstrated excellence in academics; and
WHEREAS, the Loudoun County Branch of the NAACP further
supports the community through active committees that address religious affairs,
legal redress, housing education, health education, economic development, and
political action; and
WHEREAS, the United States Department of Justice, Leesburg Police
Department and the Loudoun County Branch of the NAACP signed a covenant
to work towards a cooperative relationship including diversified and culturally
sensitive police force; and
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby congratulate the Loudoun County Branch of the National
Association for the Advancement of Colored People on the occasion of their
annual banquet and express the deepest gratitude to the many volunteers who have
worked tirelessly through this organization to bring racial harmony and equality to
our nation.
PROCLAPAED this 9' day of October, 2012.
2 1
COUNCIL MEETING October 9, 2012
8. PETITIONERS
The Petitioner's Section was opened at 7:36 p.m.
Ray Martin Glembot, 206 West Market Street, stated General Motors and
Chyrsler have been terminating dealerships. He stated that the criteria used in
termination was a combination of customer satisfaction index and sales. He stated
despite Star having survived the terminations, they have been forced to institute any
changes that General Motors has requested. He stated there is a conflict between the
town ordinances and GM's sign requirements. He requested initiation of amendments
to the current sign ordinance that would allow automobile dealerships to satisfy the
requirements of the town and the car manufacturers.
Ad Barnes, 422 Dodd Drive, NW, stated the different parts of a car dealership are
similar to different businesses in one location. He stated all the automobile dealerships
are facing the same issues. He stated the town should worry about retaining businesses
as well as acquiring new businesses.
Butch Porter, 108 Paddington Way, stated he serves as the President of the
Leesburg Downtown Business Association. He noted that Scott Parker has done a good
job of keeping the merchants informed about issues involving the improvements project.
He stated Parks and Rec will be focused on a vibrant and exciting holiday display. He
stated the LDBA is up to 115 members now and has an exciting promotional program
planned for the coming year.
Paige Buscema, stated she is the owner of Eyetopia at 223 Loudoun Street, SE.
She stated the business association is marking its 10 year anniversary in March. She
reviewed some of the positive changes and promotional campaigns.
Gary Clemens, Clerk of the Circuit Court, 18 East Market Street, gave his
perspective on the proposed Courts Expansion project. He stated the planning of the
current complex took place in the 1990s, prior to his taking office. He stated they have
made numerous adjustments in the office configuration to accommodate the growth in
workload, caseload and customer visits. He noted his office is spread over three
different floors which does not promote efficiency.
Hamid Saghafi, Dulles Motor Cars, 107 Catoctin Circle, SE, stated he shares Mr.
Glembot's concerns regarding signage for his automobile dealership. He stated the car
manufacturers require a certain size and spacing between the different signs.
Molly Novotny, stated she is an Urban Planner with Cooley, representing the
owner of the Tuscarora Crossing application. She stated the property was rezoned for
industrial uses in 1979 but the property remains undeveloped and is not viable as an
industrial development. She stated the connection of Crosstrail Boulevard through the
property is nearly 3/4 of a mile and includes the bridge crossing of Tuscarora Creek. She
stated the current zoning does not reflect the market reality of creating a viable
commercial development with no visibility on important transportation corridors.
317,
COUNCIL MEETING October 9, 2012
The Petitioner's Section was closed at 8:07 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 the Consent Agenda:
a. VDOT /Town Revenue Sharing Application for Svcolin Road Widening Phase IV
and Street Paving /Maintenance
RESOLUTION 2012 -109
Authorizing the Town Manager to Execute the Application for VDOT Revenue
Sharing Funds for the Sycolin Road Widening Phase IV Project and for Street
Resurfacing Maintenance Projects
b. Supplemental Appropriation for Community Outreach Program o Donation rom
Chik- 1 -A
RESOLUTION 2012 -110
Approving a Supplemental Appropriation from a Donation of $500 from the Chik-
fil-A Restaurant of Leesburg to the Community Outreach Program
C. Svcolin Road Widening Phase III Change OrderAuthorization
RESOLUTION 2012 -111
_ Change Order No. 26 for Design and Engineering Services on the Sycolin Road
Widning Phase III Project in the Total Amount of $121,649 and Authorizing the
Town Manager to Sign It
d. Tuscarora Creek Flood Mitigation Design Change Order Authorization
RESOLUTION 2012 -112
Tuscarora Creek Flood Mitigation Project Change Order for Design and
Engineering Services
Extending the Deadline for Payment ofPersonal Property Taxes
RESOLUTION 2012 -114
To Extend the Deadline for the Payment of Personal Property Tax as Necessary
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 HEARINGS
a. None
4 11)ig
COUNCIL MEETING October 9, 2012
11. RESOLUTIONS AND MOTIONS
a. VDOT Six -Year Plan
On a motion by Council Member Dunn, seconded by Council Member Butler, the
following was proposed:
RESOLUTION2012 -113
Requesting Virginia Department of Transportation (VDOT) Funding for Highway
Projects within the Town of Leesburg in the Virginia Department of Transporation
Six -Year Improvement Plan for Fiscal Years 2014 -2019
Council Member Dunn made a friendly amendment to re -order selected sections of
the resolution. Council Member Butler accepted the amendment as friendly.
Council Member Butler offered a friendly amendment to include reference to the
intersection at Fort Evans Road into #3 of Section III. Council Member Dunn accepted
this amendment as friendly.
Vice Mayor Wright offered a friendly amendment to move #6 of Section III to #4.
The amendment was accepted as friendly.
Vice Mayor Wright made a motion to reorder Section III to its original location.
The motion was seconded by Council Member Burk.
The motion to reorder was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
Council Comments/ Questions:
Can we include funding of the completion of Crosstrails Blvd in this
resolution?
Staff answer: Crosstrail is an arterial road that is outside the town limits.
Council Member Martinez made a motion, seconded by Council Member
Hammler, to postpone to the next Council meeting.
The motion to postpone failed by the following vote:
Aye: Hammler and Martinez
Nay: Burk, Butler, Dunn, Wright and Mayor Umstattd
Vote: 2 -S
The amended resolution was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstaud
Nay: None
Vote: 7 -0
5�r'<�
COUNCIL MEETING October 9, 2012
b. County Courts Expansion
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
following was proposed:
MOTION 2012 -021
I move to endorse the draft letter to the Loudoun County Finance, Government
Services, and Operations Committee regarding the Courts Expansion Project
Council Comments/ Questions:
• The town and county should work cooperatively as a team to identify the
best solution to the court's space needs
Vice Mayor Wright offered a friendly amendment to revise the wording to read "it
is our desire to see any courts expansion occur in downtown Leesburg ". The motion was
accepted as friendly.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
C. Tuscarora Crossing Referral
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following was proposed.•
MOTION2012 -022
I move to endorse the Tuscarora Crossing (ZMAP 2012 -0011) referral comments
dated October 9, 2012
Council Comments/ Questions:
• Comments highlight all of Council's concerns including lack of
conformance with the county and town plans, need for road
infrastructure.
• There will be additional opportunities for Council to weigh in on this
project
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
6 E'<��
COUNCIL MEETING October 9, 2012
14. NEW BUSINESS
a. Legislative Agenda
Jeanette Irby stated with respect to the Balch Library, funds have been
donated to the town for the benefit of library but an endowment would not give
the town any control over how the funds are spent. In order to retain some
control over how the funds are spent, a change will need to be made to the state
code. She stated she would keep Council informed as research into possible
solutions continues. She noted the Friends of the Balch Library have requested
such a change.
Betsy Fields reviewed the proposed Legislative Agenda with Council.
Council Comments/ Questions:
• Un- maintained structures have to be deemed unsafe by the County
Building inspector in order to force demolition
• Caution against legislative changes for a single property
• Would like cost estimates for purchase, demolition and resale of the
property
• Keep items specific to Leesburg and ones that pertain to other jurisdictions
can be backed by Virginia Municipal League.
• County Health Council has taken the position that the insecticides used to
kill deer ticks also kill beneficial insects such as honeybees and ladybugs.
• What is the context of the recommendation of no position on proffers for
by -right development?
Staff answer: staff needs to research this issue fully
• Flexing of developer payments in lieu of improvements?
Staff answer: would allow localities to use proffer money at a different
location or for a different use as long as it is for public use. Could be
expanded beyond proffer money to other types of developer payments
• Would like to see legislation out of Richmond that would allow
municipalities to sell water to a single source customer who could then sell
water to whomever they like.
• Stating a position that if the state expands the state university system,
Leesburg would like to be considered as a location for a campus.
b. Additions to Future Council Meetings
Council Member Burk made a motion to Suspend the Rules, seconded by Council
Member. Hammler. The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
Council Comments/ Questions:
Would like to see any amendments go forward on a dual track with
administrative approvals, if possible.
7 Pa
COUNCIL MEETING October 9, 2012
On a motion by Council Member Martinez, seconded by Council Member Dunn,
the following was proposed:
MOTION2012 -022
I move to endorse the Tuscarora Crossing (ZMAP 2012 -0011) referral comments
dated October 9, 2012
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
Council Member Burk requested a letter to the Board of Supervisors indicating
the Council's desire to have the completion of Crosstrail as soon as possible.
15. COUNCIL COMMENTS
Council Member Butler disclosed a conversation with Jan Zacharias regarding
Waterford Development.
Council Member Martinez also disclosed a conversation with Jan Zacharias. He
thanked the Parks and Recreation Department for their work that was recognized with
statewide awards.
Council Member Burk also disclosed a conversation with Jan Zacharias.
16. MAYOR'S COMMENTS
None.
17. MANAGER'S COMMENTS
None.
18. CLOSED SESSION
On a motion by Mayor Umstattd, seconded by Council Member Butler, the following was
proposed:
Pursuant to Section 2.2- 3711(A)(40) and 2.2- 3705.3(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. Meeting with Independent Auditor
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
Council convened in closed session at 9:53 p.m.
8 1 1'a-c
COUNCIL MEETING October 9, 2012
Council reconvened in open session at 11:13 p.m.
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following
was proposed:
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, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Butler, the
meeting was adjourned at 11:13 p. m.
Kri Un4stattd, Mayor
Town of Leesburg
T S
Clerk of " u cil
2012 tcmin1009
9 1 f' ,I