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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