HomeMy Public PortalAbout2013_tcmin0122COUNCIL MEETING January 22, 2013
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, Deputy Town
Manager Kaj Dentler, Director of Utilities Amy Wyks and Clerk of Council Lee Ann
Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Hammler
3. SALUTE TO THE FLAG: Council Member Martinez
4. ROLL CALL: Showing all Council Members present.
5. MINUTES
a. Work Session Minutes of January 7, 2013
On a motion by Council Member Hammler, seconded by Vice Mayor Butler, the
minutes of the work session meeting of January 7, 2013 were approved by a vote of 7 -0.
b. Regular Session Minutes of Januar8, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Hammler, the
minutes of the Regular Session meeting of January 8, 2013 were approved by a vote of 7 -0.
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Martinez, seconded by Vice Mayor Butler, 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. Certificate of Appreciation — Debra Downs
On a motion by Council Member Martinez, seconded by Vice Mayor
Butler, a Certificate of Appreciation was approved in recognition of Ms. Down's
35 years of service to the Town of Leesburg.
b. Utility Capacity Report
8. PETITIONERS
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COUNCIL MEETING January 22, 2013
a. The Petitioner's Section was opened at 8:21 p.m.
There were no members of public wishing to address Council.
The Petitioner's Section was closed at 8:21 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following
items were moved for approval as the Consent Agenda:
a. Making an Appointment to the Environmental Advisory Commission
RESOLUTION2013 -025
Making an Appointment to the Environmental Advisory Commission — Michael
Childers
b. Making an Appointment to the Board ofArchitectural Review
RESOLUTION 2013 -026
Making an Appointment to the Board ofArchitectural Review — Dale Goodson
C. Making an Appointment to the Standing Residential Traic Committee
RESOLUTION 2013 -027
Making an Appointment to the Standing Residential Traffic Committee — Dwight
Dopilka
d. Making an Appointment to the Tree Commission
RESOLUTION2013 -028
Making an Appointment to the Tree Commission — Amy McMullen
e. Supplemental Appropriation ofReimbursement o Police Department Expenses
RESOLUTION2013 -029
Approving Amendments to the FY 2013 General Fund Budget and Making
Appropriations for $26,312. 01 awarded through a Reimbursement from the City of
Charlotte, North Carolina, for Law Enforcement Services Rendered during the
2012 Democratic National Convention
f. Supplemental Appropriation of Collected Property Damage Fee
RESOLUTION2013 -030
Approving a Supplemental Appropriation of $2,425.83 Resulting from the
Collection of a Property Damage Fee
g. Approval of the Next Town Hall Art Gallery Exhibit by Diane Hele saris
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COUNCIL MEETING January 22, 2013
RESOLUTION2013 -031
Town Hall Art Gallery – Approval of the Next Art Exhibit by Diane Helentjaris
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. Amending Chapter 24 of the Town Code Regarding Barment Procedures
The public hearing was opened at 8:24 p.m.
Jeanette Irby stated the police department has had difficulty with respect
to enforcing barments, which allows them to give notice to individuals who are
trespassing on public or private property. Currently, the Town Code specifies
that only the owner can bar someone from their property, and this amendment
would expand the definition to someone who is leasing the property, is the
custodian of the property, or agent of the custodian or other person who is
lawfully in charge. This will give the police department more flexibility with
respect to who can sign the barment.
Council Comments/ Questions
• Can a lessee issue a trespass notice against the owner of a property?
— Staff answer: Theoretically, yes, but the landlord can have the notice
removed in court.
• Would allow the lease holder of a commercial property to have an
individual barred from the property.
No members of the public wished to address Council on this public
hearing.
The public hearing was closed at 8: p.m.
On a motion by Council Member Wright, seconded by Council Member Martinz,
the following was proposed.•
ORDINANCE 2013 -0 -006
To Amend and Reordain Chapter 24 (Offenses and Miscellaneous Provisions),
Article III (Offenses Against Property), Division 4 (Trespass), Section 24 -113
(Entering or Remaining on Property ofAnother After Having Been Forbidden to
do so; Designation of Police to Enforce Trespass Violations)
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
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COUNCIL MEETING January 22, 2013
11. RESOLUTIONS AND MOTIONS
a. Additions to Legislative Positions Statement
Inclusion of individual items was decided by vote.
MOTION 2013 -003
1. I move that the following items be added to the Town's 2013 Legislative
Agenda:
Town /County Overlapping Powers
Town of Leesburg respectfully asks Delegate Rust to have HB 1535 (Rust)
not acted on and passed onto the full committee. The Town requests the
full committee to refer this bill to the staff of the Commission on Local
Government for a working group composed of the Commission on Local
Government Staff, town of Herndon staff, Fairfax County staff, Loudoun
County staff' Town of Leesburg staff, and VA CO staff, if such personnel are
willing to participate. The working group would examine the overlapping
powers issues that HB1535 seeks to address and examine specific statutes
that may be changed in this regard. The staff of the Commission on Local
Government would issue a report to the General Assembly before December
1, 2013.
Moved by Council Member Wright, seconded by Vice Mayor Butler.
Approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor
Umstattd
Nay: None.
Vote: 7 -0
Balch Endowment Fund
The Town Council approves the amendment whereby the authority for the
Town to create an endowment for the support of the Balch will be enabled
by a Section 1 bill that may be enacted by an ordinance by the Town
Council.
Moved by Council Member Hammler, seconded by Council Member
Wright. Approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor
Umstattd
Nay: None.
Vote: 7 -0
2. 1 move that the following items be added to the Town's 2013 Legislative
Positions Statement:
Local Authority to Prohibit Firearms on Public Property
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COUNCIL MEETING January 22, 2013
The Town Council supports legislation that authorizes localities to adopt
ordinances that prohibit firearms and ammunition on property owned or
leased by the locality.
Moved by Vice Mayor Butler, seconded by Council Member Burk.
Council Comments/ Questions:
Does not specify type of firearm
Does this bill cover the inability to limit firearms near the preschool
at Ida Lee?
Staff answer: Bill may have already been defeated.
Not asking to prohibit specific types of firearms; asking for the
authority to limit firearms — type can be decided by ordinance
Approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, and Wright
Nay: Dunn and Mayor Umstattd
Vote: S -2
Posting Legal Notices on Websites
The Town Council supports legislation that would give localities the
authority to post legal notices on Websites as a substitute for publishing legal
notices in newspapers.
Moved by Council Member Wright, seconded by Vice Mayor Butler.
Council Comments /Questions:
Some people do not use internet
Enhances the town's authority to do something different
May disenfranchise certain sectors of citizens
Approved by the following vote.
Aye: Burk, Butler, Hammler, Martinez, and Wright
Nay: Dunn and Mayor Umstattd
Vote: 5 -2
State Funding for School Resource Officers
The Town Council supports legislation that would provide state funding for
school resource officers at all public elementary, middle and high schools.
Moved by Council Member Burk, seconded by Vice Mayor Butler.
Vice Mayor Butler offered a friendly amendment to strike the words "at all
public elementary, middle and high schools". The amendment was
accepted as friendly by Council Member Burk.
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COUNCIL MEETING January 22, 2013
Mayor Umstattd made a motion to add the language back into the motion.
The motion was seconded by Council Member Martinez.
Council Comments/ Questions:
• School resources officers can be strong, positive figures for
elementary school students.
• State funding for School Resource Officers would be appreciated.
The motion to put the language back in was approved by the following
vote.
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Butler
Vote: 6 -1
The motion (as originally worded) was approved by the following vote.
Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Butler
Vote: 6 -1
Virginia Public Procurement Act
The Town Council supports the position of the Virginia Association of
Governmental Purchasing on legislation regarding the Virginia Public
Procurement Act
Moved by Council Member Wright, seconded by Council Member
Martinez. Approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor
Umstattd
Nay: None.
Vote: 7 -0
3. I move that the Town Council opposed HB 1401, which would prohibit
localities from instituting a judicial sale for delinquent taxes on real property that is
the sole dwelling of the taxpayer.
Moved by Council Member Burk, seconded by Vice Mayor Butler.
Council Comments /Questions:
Localities should not get involved in foreclosures/ titles
Taxes are paid first when properties are foreclosed upon
Staff answer: Sometimes delinquency has been going on for a long
time and property value does not satisfy tax lien. Bill affects only
residences valued at less than $100,000. Burden will be placed on
those who do pay taxes.
Amendment in Richmond seeks to take away authority that the
town already has to collect taxes.
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COUNCIL MEETING January 22, 2013
Approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
4. 1 move that the Town Council oppose HB 1430, which would limit the
Town's authority to regulate land use on agriculturally -zoned land within the
Town.
Moved by Council Member Martinez, seconded by Council Member Burk.
Council Comments/ Questions:
• No land within the town limits is zoned agriculture
Staff answer: Includes language regarding to selling items on your
property and assembling on your property as well as personal
liability for the zoning administrator
Approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
S. 1 move that the Town Council oppose SB 1073 and HB 1429, which would
allow courts to award attorney's fees in successful challenges on the Town's Zoning
ordinance, administrative acts or other local actions related to land use.
Moved by Council Member Martinez, seconded by Vice Mayor Butler.
Approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor
Umstattd
Nay: None.
Vote: 7 -0
6 1 move that the Town Council oppose SB 1336 which would provide a
significant change to Boundary adjustments and the notice required. Provides that
all affected landowners shall be given notice by certified mail of a proposed
voluntary boundary adjustment. The bill authorizes landowners to file a petition to
intervene in the action under certain circumstances.
Moved by Wr
Vice Mayor Butler and seconded by Council Member Might for
discussion purposes.
Motion was withdrawn.
b. Loudoun Water Raw Water Intake
This item was deferred.
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COUNCIL MEETING January 22, 2013
C. Virginia Commission for the Arts Local Government Challenge Grant
Pam Butler, Chair of the Commission on Public Art, gave a brief
presentation on the proposed competitive process. She stated the Commission
for the Arts will match up to $5,000 which has historically been awarded to one
organization. This process will open eligibility up to other programs.
On a motion by Council Member Burk, seconded by Council Member Wright, the
following was proposed.•
MOTION2013 -004
I move that the Town Council approve the Public Art Commission's proposal to
create a competitive process for awarding funding from the Virginia Commission
for the Arts' Local Government Challenge Grant and matching Town funds
Council Member Comments/ Questions:
• Timing would not change.
• No new budgeted funds — possible change of recipient
• Possibility exists for conflict of interests if COPA members sit on Boards
of other arts organizations
• Notify Bluemont Concert Series of the change
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.
14. NEW BUSINESS
a. None.
15. COUNCIL COMMENTS
Council Member Dunn: Had no comments.
Vice Mayor Butler: Martin Luther King Day march was very nice.
Council Member Burk: Stated the Martin Luther King Day march is in its 21"
year, and also celebrated the emancipation proclamation and the inauguration that day.
She stated she attended the Volunteer Rescue Squad event. She stated she is amazed at
how much of their time these volunteers give. She stated she has been going to various
PTAs to encourage people to nominate educators for the Shenandoah University
Teacher of the Year award. She stated the parents are very dedicated as well.
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COUNCIL MEETING January 22, 2013
Council Member Martinez: Stated he saw several people stop and look at the
Martin Luther King march plaque. He stated he was excited to see how many people
attended the march despite the inauguration in D.C. He stated he attended the
volunteer Fire and Rescue dinner and agreed that it is amazing how much time these
volunteers volunteer.
Council Member Hammler: Thanked Mark McGregor, CEO of Virginia
Regional Transit, for his efforts to find alternate funding. He thanked Congressman
Wolf's office for his assistance. She thanked Congressman Wolf s aides, Dan Scandlan
and Maryann Cannon, for their assistance. She stated she is looking forward to VML
Day next Thursday. She stated she would be attending the Executive meeting and noted
that Michael Amyx, the executive director, has announced his retirement.
Council Member Wright: Disclosed a meeting with Colleen Gillis Snow and
representatives of NVR regarding a potential rezoning application for Market Square at
Potomac Station. He encouraged additional time and effort in the Keep Leesburg
Beautiful effort as he has been noticing more trash around town and people not cleaning
up after their dogs.
16. MAYOR'S COMMENTS
Mayor Umstattd stated the keynote speaker at the Martin Luther King Day
ceremony commented on how she read each and every stone along the route of the
march and how she took inspiration from all of them. She thanked Paxton School and
the ARC of Loudoun for hosting the National Day of Service in Leesburg. She stated it
was very well organized. She stated the Town Manager is on top of what is going on
with respect to the funding issues for Virginia Regional Transit. She stated the outcome
of the conference call was not encouraging.
17. MANAGER'S COMMENTS
Mr. Wells summarized the Friday conference call. He stated the conference call
lasted 2 '/2 hours and nothing was decided or completed. He stated he does not feel that
the public is aware of this potential loss of funding. He stated they got the package of
information needed submitted for a potential budget amendment for potential bridge
funding. He stated one of the possible solutions would be to move from a rural funding
model to an urban funding model. Unfortunately, the nine -month window of time in
which to find a solution is not long enough to make that change. He stated staff is
working on grants that might cover the needed funds.
Council Member Martinez made a motion to suspend the rules. The motion was seconded
by Council Member Wright.
Motion to suspend the rules was approved by the following vote:
Aye: Burk, Butler, Rammler, Martinez, Wright and Mayor Umstattd
Nay: None.
Vote: 6 -0 -1
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COUNCIL MEETING January 22, 2013
Council Member Hammler made a motion to ask the federal and state legislators to work
together to find a solution. The motion was seconded by Council Member Martinez.
Mayor Umstattd restated the motion as:
"The Leesburg Town Council adds to its legislative agenda support for requesting that our
state and federal representatives work together to try to find a solution to the impending loss
offunding to Virginia Regional Transit or the bus systems currently in place in Loudoun
County and Leesburg. Furthermore, we direct town staff to work with VR T to distribute
flyers on the bus routes informing members of the public who ride that this service could
disappear September 30, 2013 and suggest that members of the public contact their federal
and state legislators".
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None.
Vote: 6 -0 -1
18. CLOSED SESSION
On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following
was proposed:
Pursuant to Section 2.2- 3711(A)(1) 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. Town Manager's Evaluation
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright, and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Dunn absent)
Council convened in closed session at 10:00 p.m.
Council reconvened in open session at 10:45 p.m.
On a motion by Mayor Umstattd, seconded by Vice Mayor Butler, the following was
proposed:
In accordance with Section 2.2 -3712 of the Code of Virginia, I move that Council certify 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, Hammler, Martinez, Wright and Mayor Umstattd
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COUNCIL MEETING January 22, 2013
Nay: None
Vote: 6-0-1 (Dunn absent)
19. ADJOURNMENT
- On a motion by Council Member Wright, seconded by Vice Mayor Butler, the meeting was
adjourned at 10:45 p.m.
C. Umstattd, Mayor r
Town of Leesburg
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Clerk of C un it
2013 tcmin0122
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