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HomeMy Public PortalAbout2012_tcmin1023COUNCIL MEETING October 23, 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 Utilities Amy Wyks, Director of Economic Development Marantha Edwards, Senior Planner Irish Grandfield and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Dunn 3. SALUTE TO THE FLAG: Boy Scout Troop 969 4. ROLL CALL: Showing Council Members present. 5. MINUTES a. Regular Session Minutes of October 9. 2012 On a motion by Council Member Butler, seconded by Vice Mayor Wright, the minutes of the Regular Session meeting of October 9, 2012 were approved by a vote of 7 -0. 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Butler, seconded by Vice Mayor Wright, the meeting agenda was approved as presented by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 7. PRESENTATIONS a. National Red Ribbon Week — Young Marines On a motion by Vice Mayor Wright, seconded by Council Member Hammer, the following was proclaimed: . RUAV A TION Shenandoah Valley Young Marines Red Ribbon Week 2012 1 � Paine COUNCIL MEETING October 23, 2012 WHEREAS, The Young Marines is an educational and service oriented program for young girls and boys, ages eight through the completion of high school that promotes the mental, moral and physical development of its members; and WHEREAS, Red Ribbon Week was established to commemorate the service of Drug Enforcement Administration (DEA) agent Enrique "Kiki" Camerena, who was murdered in the line of duty in 1985 while engaged in the battle against illicit drugs; and WHEREAS, Red Ribbon Week has been nationally recognized since 1988 and is now the oldest and largest drug prevention program in the United States, reaching millions of young people each year; and WHEREAS, The Young Marines promote the ideals of Red Ribbon Week and pay tribute to Special Agent Camerena by encouraging a healthy and drug -free lifestyle; and WHEREAS, The Young Marines encourage everyone to demonstrate their commitment to a healthy, productive and drug -free lifestyle by participating in Red Ribbon Week. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Council endorses the Shenandoah Valley Young Marines Unit and their commitment to drug abuse prevention and living a healthy, productive drug -free lifestyle. RESOLVED this 23" day of October, 2012. And PROCLAMATION Wesley Fox Young Marines Red Ribbon Week 2012 WHEREAS, The Young Marines is an educational and service oriented program for young girls and boys, ages eight through the completion of high school that promotes the mental, moral and physical development of its members; and WHEREAS, Red Ribbon Week was established to commemorate the service of Drug Enforcement Administration (DEA) agent Enrique "Kiki" 2 1 P a ,) COUNCIL MEETING October 23, 2012 Camerena, who was murdered in the line of duty in 1985 while engaged in the battle against illicit drugs; and WHEREAS, Red Ribbon Week has been nationally recognized since __. 1988 and is now the oldest and largest drug prevention program in the United States, reaching millions of young people each year; and WHEREAS, The Young Marines promote the ideals of Red Ribbon Week and pay tribute to Special Agent Camerena by encouraging a healthy and drug -free lifestyle; and WHEREAS, The Young Marines encourage everyone to demonstrate their commitment to a healthy, productive and drug -free lifestyle by participating in Red Ribbon Week. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Council endorses the Wesley Fox Young Marines Unit and their commitment to drug abuse prevention and living a healthy, productive drug -free lifestyle. RESOLVED this 23" day of October, 2012. b. Retail Forum Update Jim Sisley, Leesburg Economic Development Commission, gave a brief update to Council on the Retail Opportunity Forum that was held earlier in the year. He noted that data that has been assembled is a snapshot of the previous 12 months and does not take into consideration "real world" conditions in the community. 8. PETITIONERS The Petitioner's Section was opened at 7:55 p.m. Ken Reid, Leesburg District Supervisor, expressed his gratitude for the Council's cooperation with respect to the Edwards Ferry Road design funding and the way the Town ranked the transportation projects in their request to the state. He noted that the General Assembly has failed to provide new funding sources. He also expressed appreciation for the inclusion of legislation for abandoned buildings in the 2012 Legislative Agenda. Butch Porter discussed how the City of Portland undertook changes in their zoning to increase economic development. He stated they believed they could mold human behavior through urban design. He stated economic development needs to be about maintaining a flexible, business friendly, property rights centered environment where people are comfortable living and investing. He requested that Council keep form based code to a very small area where a developer is willing to invest in it. 3 1 Page COUNCIL MEETING October 23, 2012 James Griggs, stated he is having an issue with his water. He stated the pipe that leads from the water meter was shortened and the Town of Leesburg is no longer responsible for that pipe up to a certain point. He stated it was his understanding that previously, the town would take care of that situation and somehow it was changed over to be homeowner's responsibility. Council asked staff to contact Mr. Griggs in the morning. The Petitioner's Section was closed at 8:11 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. Civil Air Patrol Request for Fee Waiver RESOLUTION 2012 -115 Approval of an Annual Fee Waiver for the Civil Air Patrol for one Tie Down Spot at the Leesburg Executive Airport b. Town Attorney Contract MOTION 2012 -024 I move to approve the Town Attorney's employment Contract C. Deed of Subdivision. Conveyance, Easements and Vacation to Virginia Electric and Power Company RESOLUTION 2012 -116 Authorizing the Execution of a Deed of Subdivision, Conveyance, Easements and Vacation and a Deed of Vacation (to Vacate Reservation for Western Transportation Corridor) for Sale of Public Property to Virginia Electric and Power Company ( "VEPCO') for Edwards Ferry Road Electric Substation d. Holiday Schedule RESOLUTION 2012 -117 Amending the Town of Leesburg Holiday Schedule to Include the Full Day of December 24, 2012, and include the Full Day of December 31, 2012 The Consent Agenda was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 4 1 Pa c COUNCIL MEETING October 23, 2012 0. PUBLIC HEARINGS a. TLSE 2012 -0004 Davis Home Child Care Irish Grandfield gave a brief presentation on this request for a home based child care center for more than five children. Summary of key points: • Location is 547 Rockbridge Drive, SE • Less than five children can be accommodated under a home occupancy permit • Proposal does not involve any new buildings or improvements • Has a conditional license from the state and is dependent on obtaining zoning approval • The Virginia Department of Social Services now requires that applicants prove they have local zoning approval • Pipestem serves four properties on a shared driveway • HOA owned property behind the site • Drop off is located in the driveway in front of the house • Use is compatible with the Town Plan • Town jurisdiction for use is for outside activities only • Fenced area meets zoning criteria for five children at any time • No children will use the outdoor play area unattended • All neighbors have voluntarily signed a letter stating they do not have a problem with the use • Special exception runs with current owners and not with the property Council Comments/ Questions: • Is requirement for an outdoor attendant a town requirement or a state requirement? Staff answer: Both. • The applicant was complimented on working with the neighbors to secure their approval The public hearing was closed at 8:29 p.m. On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed.• RESOLUTION2012 -118 Approving TLSE 2012 -0004 Davis Child Care, a Child Care Center Located on Property Identified as PINNumber 232 -30 -9451 and Located at 547Rockbridge Drive, S.E. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None --- Vote: 7 -0 5 1 Page COUNCIL MEETING October 23, 2012 11. RESOLUTIONS AND MOTIONS a. Legislative A eg nda On a motion by Council Member Burk, seconded by Council Member Martinez, the following was proposed: MOTION 2012 -025 I move to approve the 2013 Legislative Agenda as presented this evening and discussed The motion was approved by the following vote: Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd Nay: Dunn Vote: 6 -1 b. Loudoun Street Parcels — Policy Direction On a motion by Council Member Butler, seconded by Council Member Martinez, the following was proposed: MOTION 2012 -026 I move that Town staff, in consultation with the Tree Commission, provide appropriate park -like amenities on the vacant properties on Loudoun Street in front of the Town Parking Garage. Examples of appropriate amenities include trees, park benches and animal waste station(s). Cost should not exceed $2,500. Council Comments/ Questions: • Parcels have been unused for a long time and can provide a place for residents and visitors to rest • Private sector development would enhance and support a long standing economic development goal to extend first floor retail down Loudoun Street • Sale of the property could help offset looming debt service payments in 2017 • Incorporation of mural /art will make it a dynamic space • Original design of parking garage facility was set back with the intent to develop parcels at entrance • Alternate motion is not mutually exclusive • Effort to advance a liberal, political agenda at great expense to the citizens of Leesburg The motion was approved by the following vote: Aye: Burk, Butler, Martinez, and Mayor Umstattd Nay: Dunn, Hammler, and Wright Vote: 4 -3 Vice Mayor Wright offered a motion, seconded by Council Member Dunn: 6 page COUNCIL MEETING October 23, 2012 I move to direct town staff to start the advertising process for the sale of the Loudoun Street parcels with the conditions as previously discussed by Council and to bring an ad to Council prior to its placement. Council Comments/ Questions: • Second motion sends a confusing message • Be open to any and all win -win opportunities • Does not bind the Council to a decision • What is the town manager's opinion of Council's direction? Staff answer: Would not be comfortable in engaging in discussions with the private sector to look at partnerships or other types of arrangements without specific direction • Must allow the possibility of private sector investment to enhance Council's ability to keep the tax rate stable The motion failed by the following vote: Aye: Dunn, Hammler, and Wright Nay: Burk, Butler, Martinez, and Mayor Umstattd Vote: 3 -4 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. Battlefield Traffic Light On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed.• RESOLUTION2012 -119 Requesting the Loudoun County Board of Supervisors to Allocate Funding for the Construction of a Traffic Signal at Plaza Street and Battlefield Parkway The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 b. Discussion of Relocation of County Parks and Recreation Department Office at Depot Court On a motion by Council Member Dunn, seconded by Council Member Martinez, the following was proposed.• 7 1 Page COUNCIL MEETING MOTION 2012 -027 October 23, 2012 I move to have staff send a letter requesting the Loudoun County Parks and Recreation offices remain in Leesburg The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 15. COUNCIL COMMENTS Council Member Dunn: Reminded everyone that election day is two weeks away. He stated his hope for record turn out. Vice Mayor Wright: Also encouraged everyone to vote and to be sure to turn the ballot over to vote for local candidates. Council Member Burk: Congratulated Jack Azar on the opening of Luvn'Berry Frozen Yogurt. She stated she attended the Douglass School grand opening and noted that she heard lots of comments about how the Town was very good to work with. She stated she had the opportunity to help with the Virginia McGuire memorial tree planting on October 13 and the war memorial dedication at the Courthouse. On October 22, she stated she attended the NAACP dinner, which was wonderful. Council Member Martinez: Thanked China King for a nice dinner. He encouraged everyone to read John Satagaf s letter to the editor about why he enjoys living in Leesburg. He thanked the Boy Scouts for coming to the meeting. He stated he was sorry to miss the Paxton event earlier in the week and encouraged everyone to attend their Shocktober fundraiser. Council Member Hammler: Stated the Douglass School opening was inspiring and she attended the tree planting for Virginia McGuire and the NAACP banquet. She stated the dedication of the war memorial at the Courthouse was very moving. She stated the County lost four young men, Scott Lang Kirkpatrick (US Army in Iraq /2007), Stephen Lee Mace (US Army in Afghanistan /2009), Douglas Green (US Army in Afghanistan /2011) and Michael Quinn (USMC in Afghanistan/ 2012). She stated she appreciated Supervisor Reid's comments with regards to keeping the Courts in the downtown. Council Member Butler: Stated when he first became the liaison to the EAC, Virginia McGuire was the chair and everyone misses her. He stated he was disappointed he was unable to go to the Luv'nBerry grand opening but has been there lots of times since then. He stated he is concerned about people stealing political signs and is also concerned about how contentious the election could become. 16. MAYOR'S COMMENTS Mayor Umstattd stated the ribbon cutting at Paxton Attraction (Campus Store) -- was very good. She stated Mt. Zion Methodist church had its 1501' anniversary service 8 1 Page COUNCIL MEETING October 23, 2012 on Sunday. She stated the burning of a political sign in Leesburg is not something that is welcome in the town. 17. MANAGER'S COMMENTS John Wells noted the most up to date version of the Council's action schedule is included in their folders. He highlighted that there will be no work session at the November 13`h meeting due to the Veteran's Day holiday. He stated he would be including more information about the decision by Bluemont Concert Series not to participate in First Night at the end of the year. He also noted at the November 26`'' work session, the utility shut offs will be discussed. He stated he met with County staff with regards to Crosstrail Boulevard. He reminded Council of the Legislative Dinner on November 27th 18. CLOSED SESSION On a motion by Mayor Umstattd, seconded by Vice Mayor Wright, the following was proposed: Pursuant to Section 2.2- 3705.1(12) 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. Utility Agreements 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 9:20 p.m. Council reconvened in open session at 9:59 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 9 ► Page COUNCIL MEETING October 23, 2012 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 9:59 p.m. Cerk of Cou c 2012 tcmin1023 A4—";hI I C> Iris C. mstattd, Mayor Town of Leesburg 10 1 Pa-n e