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HomeMy Public PortalAbout2013_tcmin0312COUNCIL MEETING March 12, 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: Council Member Dunn arrived at 7:35 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Utilities Amy Wyks, Director of Public Works Tom Mason, Economic Development Director Marantha Edwards, Senior Planner Irish Grandfield, Chief of Police Joseph Price, Research and Communications Manager Betsy Fields, Management Analyst Lisa Haley, Management Analyst Mike Bruckner, Business Development Manager Doug Parsons and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Mayor Umstattd 3. SALUTE TO THE FLAG: Vice Mayor Butler 4. ROLL CALL: Showing Council Member Dunn arriving at 7:35 p.m. 5. MINUTES - a. Work Session Minutes of February 25, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the minutes of the Work Session meeting of February 25, 2013 were approved by a vote of 6 -0 -1 (Dunn absent). 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Wright, seconded by Vice Mayor Butler, 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) 7. PRESENTATIONS a. Presentation — EDC Annual Report Jim Sisley, Vice Chair of the Economic Development Commission, presented a report on the activities of the EDC for 2012. He stated the EDC's goal is to foster the economic climate for the town. b. Presentation — Keep Leesburg Beautiful Event Betsy Fields gave a brief presentation on this year's Keep Leesburg Beautiful clean -up campaign. She noted this is the event's ninth year. 1 Page COUNCIL MEETING March 12, 2013 She introduced Robert Wyks and his son, Brian, who are past participants. Mr. Wyks stated they have participated for six years and enjoy the flexibility of doing the clean up whenever it is convenient. He stated it gives them an opportunity to teach the scouts a variety of environmental and service lessons. Brian Wyks stated that Keep Leesburg Beautiful is a great way to keep the community clean and beautiful. On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following Proclamation was made: PROCLAMATION KEEP LEESBURG BEAUTIFUL MONTH APRIL 2013 WHEREAS, the Town of Leesburg in Virginia is committed to the effective stewardship of the environment and to maintaining the attractive appearance of Town road corridors and public spaces; and WHEREAS, the "Keep Leesburg Beautiful" town beautification and clean up campaign was founded in April 2005 as a community -wide effort; and WHEREAS, hundreds of volunteers participate each spring in litter collection and other beautification activities in the Town; and WHEREAS, the 2013 "Keep Leesburg Beautiful" campaign will run from April lstto April 30th; and WHEREAS, the Town Council wishes to express support for the 2013 "Keep Leesburg Beautiful" campaign and recognize the efforts of this year's volunteers. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the month of April of the Year 2013 as Keep Leesburg Beautiful Month in the Town of Leesburg and urge the residents and businesses of Leesburg to participate in Keep Leesburg Beautiful clean up and beautification activities. PROCLAIMED this 12th day of March 2013. Council Member Burk challenged the staff to see who could clean up the most trash — council or staff. 8. PETITIONERS a. The Petitioner's Section was opened at 7:48 p.m. 2 1 17a,,c COUNCIL MEETING March 12, 2013 Amy O'Connor, 108 Church Street, NE, asked for Leesburg's participation in Earth Hour, which is a global movement to bring awareness to -� environmental issues, particularly global warming. She stated it is asking organizations to turn off non - essential lights for an hour on March 23. Butch Porter, stated he is a business owner and resident. He questioned how a proposal to close King Street for First Friday would happen without input from the downtown businesses. He stated if the town would like to run First Friday, then they can run it. Sola Palotta, stated she is the coordinator for First Friday. She stated First Friday is a nationwide promotional program. She stated the purposefully spreads out events to bring in the businesses further out. She stated blocking off King Street would put those businesses out of the "playpen" and discourage visitors from walking outside the blocked off area. The Petitioner's Section was closed at 8:06 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. Virts Corner Improvements Construction Contract Award RESOLUTION 2013 -038 Amending the FY2012 -2017 Capital Improvements Program (CIP) for the Virts Corner Improvements and Awarding the Construction Contract for the Virts Corner Improvements Project to General Excavation, Inc. in the Amount of $2,151,63680 b. Amending the Capital Improvements Program — Battlefield Parkway(? Plaza Street Signal RESOLUTION 2013 -040 Amending the Fiscal Year 2012 -2017 Capital Improvements Program and Making a Supplemental Appropriation in the Amount of $50, 000 for the Traffic Signal at Battlefield Parkway and Plaza Street Project C. Lower S ycolin Sewage Conveyance Svstem Easement Settlement Agreement MOTION2013 -013 The Town Council of Leesburg, Virginia, ( "Town Council ") hereby moves to approve payment to Kenneth McKeehan, Trustee, a /k /a Ken McKeehan, Trustee, in settlement of the condemnation action filed by the Town Council in the Loudoun County Circuit Court on December 21, 2012. A petition in 3 1 P COUNCIL MEETING March 12, 2013 condemnation was filed to secure land rights necessary for the Lower Sycolin Creek Sewage Conveyance System - Sycolin Branch Sewer Capital Improvement Project. Payment shall be made to Kenneth McKeehan, Trustee, a /k /a Ken McKeehan, Trustee, in exchange for the conveyance of sanitary sewer easements and a temporary construction easement by a Deed of Easement prepared by the Town. d. Supplemental Appropriation ofa JAG Grant to the Police Department RESOLUTION2013 -042 Approving Amendments to the FY 2013 General Fund Budget, and Making Appropriations for $58,345 Awarded through a Grant Received by the Police Department from the U.S. Department of Justice PMW Farms, Section I — Time Extension Reguest RESOLUTION 2013 -043 Authorizing a Time Extension for Completion of the Public Improvements for PMW Farms — Section I (TLCD 2009 -0002) f. Making an Appointment to the Thomas Balch Library Commission (Martinez) RESOLUTION 2013 -044 Making an Appointment to the Thomas Balch Library Commission (Eileen Axeman) g. Initiating an Amendment to the Town Code Regarding the Stormwater Ordinance RESOLUTION 2013 -045 Initiating Amendments to the Town Code, Chapter 14 (Environment), Article 11 (Stormwater Management), Sections 14 -19 through 14 -26, to Conform to Virginia State Code and Attending Regulations Regarding Stormwater Management 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. FY 2014 -2015 Budget The public hearing was opened at 8:22 p.m. John Wells reviewed the advertised expenditures that have been advertised as part of the budget process. He stated the General Fund recommended appropriations are $47.8 million, the Utility Fund including Capital Projects and debt service is $20.3 million and the Capital Projects Fund 4 1 Pagc COUNCIL MEETING March 12, 2013 including the operational staff and capital projects themselves total $18.8 million. He stated the total amount proposed for all funds is $87,280,449. He stated this is $1,826,000 less than the amount appropriated by Council in FY 2013. He reviewed the pro -forma page from the budget for the General Fund. He stated current revenues meet current expenditures for FY 2014 and are expected to do so for FY 15, 16, 17, and 18. He noted the advertised tax rate is $0.195 and the equalized tax rate is $0.189. He stated that if he was asked to rework the budget using an $0.189 tax rate, he would look at debt structure, funding of capital projects, and a reexamination of current revenue trends. Patrick Kaler, President and CEO of Visit Loudoun, stated the last fiscal year has been very lucrative for the town and the county with respect to tourism activities. He stated that hotel occupancy met expected levels for 2012 and Visit Loudoun generated 28 bookings for the Town of Leesburg, generating $1.6 million in visitor spending. He stated they launched a geo- tracking app and a German language video which is part of their international marketing plan in the United Kingdom and Germany. He stated they did several destination photo shoots in the county and the town and they have access to all the photos. He discussed plans for new projects. Council Comments/ Questions: • Does the long -term debt payment plan rely on the equalized tax rate for those years not requiring a tax increase? Staff answer: Yes. • Funding will need to be identified to fill the gap for VRT service. • Is the additional funding requested for the Journey in addition to the Visit Loudoun funding? Mayor's answer: Yes. The public hearing was closed at 8:34 p.m. On a motion by Council Member Wright, seconded by Council Member Hammler, the following was proposed.• MOTION2013 -014 Direct the Town Manager to develop a proposal to show a budget utilizing the equalized tax rate of $0.189 and how that would impact long term debt service The motion was approved by the following vote: Aye: Burk, Dunn, Hammler, Wright and Mayor Umstattd Nay: Butler and Martinez Vote: 5 -2 5 1 P g COUNCIL MEETING March 12, 2013 b. Mixed Residential Permit Parking Zone for Royal Street The public hearing was opened at 8:38 p.m. Calvin Grow stated this public input session is to receive comments regarding regulation of mixed use parking zones, particularly on Royal Street. He noted that residents of Royal Street between King and Church Street, SE requested permit parking. He stated this area, because of its mixed uses, does not qualify for permit parking under the current town code. He stated after the input has been received, staff will develop some options for Council's consideration. Ronald Mitchell, 5 Royal Street, SE, stated an amendment of the parking is not necessary. He stated he does not feel that changing anything will make a difference. Suzanne Larkins, Royal Street, questioned how the flooding issues are coming along. Regarding the parking issue, she stated that business people who have businesses on other streets park on Royal Street to free space at their business. She stated that meters would negatively affect the businesses on Royal Street and she stated permit parking to help the residences would also negatively affect the businesses. She suggested creating a smaller space for motorcycles or bicycles so that they do not use a full sized spot. She also suggested permit parking only for Royal Street, but admitted she did not know how that would affect businesses. She stated it would be helpful to keep business owners from other streets from parking on Royal. The public hearing was closed at 8:42 p.m. John Wells stated he would be bringing forth a recommendation. 11. RESOLUTIONS AND MOTIONS a. COPA Local Government Challenge Grant On a motion by Council Member Martinez, seconded by Council Member Wright, the following was proposed. - RESOLUTION2013 -039 Authorizing Staff to Apply for a Local Government Challenge Grant through the Virginia Commission for the Arts and Providing for the Distribution of the Grant Funding and Town Matching Funds to Certain Independent Arts Organizations Council Comments /Questions: • Good change from previous method of giving entire grant funding to one organization • Was there a requirement that the organizations use the funds for events /projects specifically in Leesburg? Was there a scoring process? Liaison answer: Each group submitted a letter detailing what they intended to do with the grant. 6 1 Pa COUNCIL MEETING March 12, 2013 • Were any of the members of the commission active members of any recipient groups? Liaison answer: Not present at the meeting. One member of a recipient organization resigned from the commission prior to discussion and /or selection of recipients. The motions were approved by the following vote: Aye: Burk, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Butler abstaining b. Initiating an Amendment to the Zoning Ordinance regarding Home Daycares On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the following was proposed.• RESOLUTION2013 -041 Initiating Amendments to Article 9 and Article 18 of the Leesburg Zoning Ordinance to Revise Definitions Pertaining thereto Home -Based Child Care Services and Day Care Centers Council Comments/ Questions: • Will we have to lower the number of children allowed from the maximum number of 12? -- Staff answer: It is the opposite — the Town has allowed five children, by right, and 12 by special exception. The Virginia Department of Social Services issues licenses for 12 and not checking to see if any of the providers have met the town's zoning requirements. The town is trying to make its zoning requirements consistent with the Virginia Department of Social Services. • How many child care providers will this affect? Staff answer: They have been coming in for special exceptions. This initiation may eliminate the issue for some of the providers. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7 -0 C. Suspend Enforcement of Sprinkler /Backflow Fines Amy Wyks stated enforcement of the Virginia Waterworks Regulations is a requirement enforced by the Virginia Department of Health. She stated the town's program has to be approved prior to issuance of operation permits. She stated failure to comply with the approved program is a class one misdemeanor and a fine of up to $2,500 and time in prison. Further, the town's insurance provider stated they would have no obligation to indemnify the town for any expenses incurred if the town chooses to suspend enforcement of the regulations. 71 P a g COUNCIL MEETING March 12, 2013 She stated the cross connection control auditor recommended that unused systems either be inspected as if they are being used or be cut and capped. He further recommended that if the system is cut and capped, that the homeowner sign a memorandum of agreement stating that if the system is reconnected, they will comply with all requirements for testing. Council Comments/ Questions: Should Council vote to change the policy by requiring a memorandum of agreement from the homeowner rather than cutting and capping the system or inspection, would that comply with state law? Staff answer: The town would be in violation of the approved operation permit. In addition, the insurance carrier will not indemnify the town against damages. The Utilities Director has personal liability if she chooses to not enforce the policy pursuant to the approved permit. How could we change the permit? Staff answer: Ask the Virginia General Assembly to change the Virginia Code to give flexibility with respect to the requirements of the permit Vice Mayor Butler withdrew his request for this item. 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. First Friday Closure of King, Street (Market to Loudoun ) — May and June On a motion by Council Member Burk, seconded by Vice Mayor Butler, the following was proposed: RESOLUTION Analyze and Seek Input to Close King Street from Vehicular Traffic from Market Street to Loudoun Street for First Friday Celebrations in May and June 2013 Council Comments/ Questions: • There was no intention to usurp the LDBA; only a concern for the safety of event attendees • Get information and come back and decide if Council wants to close the street • Concern that this will place added stress on the police department • Would like a discussion about public safety, but do not want to legislate by reaction • Some King Street businesses need access for delivery vehicles 81 P a g COUNCIL MEETING March 12, 2013 Vice Mayor Butler offered a friendly amendment to add the words "Customers and merchants" as well as the three associations in order to get a better idea of what the customers and merchants desire. The amendment was accepted as friendly. Council Member Burk expressed her willingness to withdraw the motion. Vice Mayor Butler made a motion to ensure a vote on the resolution. The motion to ensure a vote was seconded by Council Member Martinez. Council Member Martinez offered a friendly amendment to direct staff to investigate the public safety aspect. The amendment was accepted as friendly. The motion to approve the resolution was defeated by the following vote: Aye: Burk, Butler, and Martinez Nay: Dunn, Hammler, Wright and Mayor Umstattd Vote: 3 -4 15. COUNCIL COMMENTS Council Member Dunn had no comments. Vice Mayor Butler stated he thought the budget work session went well. He stated he attended the Loudoun County Public Schools breakfast and was impressed by the number of businesses helping out students. He wished everyone a good, safe spring break. Council Member Burk reiterated that April is Keep Leesburg Beautiful Month. She challenged everyone to get a team together or participate on their own to help clean up litter. She reminded everyone of the youth job fair on March 16 with over 50 businesses planning to attend. Council Member Martinez asked for a recognition for Bobby McCurdy upon obtaining the rank of Eagle Scout. Council Member Hammler disclosed a meeting with Hobie Mitchell and Rick Lanham about the Barber and Ross site. She stated she had a discussion with a board member of Morven Park. She requested a date for Council to participate in the Keep Leesburg Beautiful challenge. Council Member Wright requested a reminder on how to participate in Keep Leesburg Beautiful. 16. MAYOR'S COMMENTS Mayor Umstattd thanked Capitol Productions for their partnership with the school system. She noted they work with Virginia Tech at Morven Park's equine center and with Monroe Vo -tech to broadcast public meetings. She congratulated Curry's Auto Service on the grand opening of their new Catoctin Circle location. 9 1 PagC COUNCIL MEETING March 12, 2013 17. MANAGER'S COMMENTS Mr. Wells reminded everyone of the youth job fair from noon to three p.m. on Saturday at ProJet Aviation. He stated people can call 703- 771 -2700 to participate in Keep Leesburg Beautiful. He wished everyone a good spring break. 18. CLOSED SESSION None. 1► Uu l 0 On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the meeting was adjourned at 9:23 p. m. C. mstattdM , ayor Town of Leesburg AT Clerk cil 2013 tcmin0312 10 1 Pa