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.
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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.
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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
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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
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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
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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.
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• 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.
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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
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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.
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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
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Clerk cil
2013 tcmin0312
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